New Zealand

Crimes Act 1961

Part 12
Procedure

Arrest

315 Arrest without warrant

(1) No one shall be arrested without warrant except pursuant to the provisions of—

(a) this Act; or

(b) some other enactment expressly giving power to arrest without warrant.

(2) Any constable, and all persons whom he calls to his assistance, may arrest and take into custody without a warrant—

(a) any person whom he finds disturbing the public peace or committing any offence punishable by imprisonment:

(b) any person whom he has good cause to suspect of having committed a breach of the peace or any offence punishable by imprisonment:

(c) [Repealed]

(d) [Repealed]

(e) [Repealed]

(3) The foregoing provisions of this section shall be read subject to the express provisions of any enactment imposing any limitations, restrictions, or conditions on the exercise of any power to arrest without warrant conferred on any constable by that enactment in respect of any specified offence or class of of-fences.

(4) Where under any enactment other than this Act any officer or person, not being a constable, has power to arrest any other person without warrant, any constable may exercise that power in the same cases and in the same manner as that officer or person.

(5) Nothing in this section shall limit or affect any of the provisions of Part 3 (which relates to matters of justification or excuse).

316 Duty of persons arresting

(1) It is the duty of every one arresting any other person to inform the person he is arresting, at the time of the arrest, of the act or omission for which the person is being arrested, unless it is impracticable to do so, or unless the reason for the arrest is obvious in the circumstances. The act or omission need not be stated in technical or precise language, and may be stated in any words sufficient to give that person notice of the true reason for his arrest.

(2) It is the duty of every one who arrests any other person pursuant to any process or warrant—

(a) if he or she has the process or warrant, or a copy of it, in his or her possession at the time of the arrest, to produce it if required by that person to do so:

(b) if he or she does not have the process or warrant, or a copy of it, in his or her possession at the time of the arrest, to show it to the arrested person as soon as practicable after the arrest, if that person so requires.

(3) Where under any enactment any person other than a constable has, by virtue of his office, a power of arrest without warrant, he shall, whenever he arrests any other person pursuant to that power,—

(a) if he has evidence of his appointment to that office in his possession at the time of the arrest, produce it if required by that person to do so:

(b) if he does not have evidence of his appointment in his possession at the time of the arrest, show it to the arrested person as soon as practicable after the arrest, if that person so requires.

(4) A failure to fulfil any of the duties mentioned in the foregoing provisions of this section shall not of itself deprive the person arresting, or his assistants, of protection from criminal responsibility, but shall be relevant to the inquiry whether the arrest might not have been effected, or the process or warrant executed, by reasonable means in a less violent manner.

(5) Every person who is arrested on a charge of any offence shall be brought before a court, as soon as possible, to be dealt with according to law.

(5A) The obligation under subsection (5) ceases if the person is—

(a) released following the service of a summons under section 28 of the Criminal Procedure Act 2011 to appear in court to answer the charge; or

(b) released on bail under section 21 of the Bail Act 2000; or

(c) otherwise released from custody.

(6) Nothing in this section shall limit or affect the express provisions of any enactment whereby—

(a) the burden of proving the absence of reasonable or probable cause, or the absence of justification, for any arrest is on any person:

(b) any person having, by virtue of his office, a power of arrest without warrant is entitled, in any specified circumstances, to exercise that power without the production of evidence of his appointment to that office, or is required, in exercising the power, to comply with any specified conditions or restrictions in addition to or in¬stead of producing evidence of his appointment.

Keywords

Arrest
Arrest for national proceedings



EDIT.