CRIMES ACT 1900 - SECT 212 Power of arrest without warrant by police officers
CRIMES ACT 1900 - SECT 212
Power of arrest without warrant by police officers(1) A police officer may, without warrant, arrest a person for an offence if the police officer suspects on reasonable grounds that—
(a) the person has committed or is committing the offence; and
(b) proceedings by summons against the person would not achieve 1 or more of the following purposes:
(i) ensuring the appearance of the person before a court in respect of the offence;
(ii) preventing a repetition or continuation of the offence or the commission of another offence;
(iii) preventing the concealment, loss or destruction of evidence relating to the offence;
(iv) preventing harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence;
(v) preventing the fabrication of evidence in respect of the offence;
(vi) preserving the safety or welfare of the person.
(2) A police officer may, without warrant, arrest a person for a family violence offence if the police officer suspects on reasonable grounds that the person has committed or is committing the offence.
(3) If—
(a) a person has been arrested under subsection (1) or (2) in connection with an offence; and
(b) before the person is charged with the offence, the police officer in charge of the investigation into the offence does not have, or ceases to have, reasonable grounds to suspect that—
(i) the person committed the offence; or
(ii) for a person arrested under subsection (1)—holding the person in custody is necessary to achieve any of the purposes referred to in subsection (1) (b);
the person shall forthwith be released from custody in respect of the offence.
(4) A police officer may, without warrant, arrest a person whom he or she suspects on reasonable grounds has escaped from lawful custody to which the person is still liable in respect of an offence.
(5) In this section:
"family violence offence"—see the Family Violence Act 2016
, dictionary .