COURT SECURITY ACT 2005 - SECT 16 Powers of arrest

COURT SECURITY ACT 2005 - SECT 16

16 Powers of arrest

(1) A security officer may, without a warrant, arrest a person in court premises if--

(a) the person is in the act of committing an offence under this Act or has just committed such an offence, or

(b) the security officer believes on reasonable grounds that the person has committed an offence under this Act, or

(c) the person is assaulting another person in the premises or has just assaulted another person in the premises.

Note : Section 20 requires a security officer to provide certain information and a warning before or at the time of exercising, or as soon as is reasonably practicable after exercising, a power under this section. Section 19 limits the circumstances in which a power under this section may be exercised.

(2) A security officer may exercise the power conferred on the officer by subsection (1) in respect of a person at a place outside of the court premises if--

(a) the person absconded from the court premises in an attempt to avoid arrest, and

(b) the officer pursued the person from the court premises and the pursuit was not stopped or interrupted at any time before the officer concerned arrived at the place for the purpose of exercising the power.

(2A) A security officer may also arrest a person, without a warrant, at a place outside of court premises, if--

(a) the person absconded from the court premises in an attempt to escape from lawful custody, and

(b) the officer pursued the person from the court premises and the pursuit was not stopped or interrupted at any time before the officer arrived at the place for the purpose of arresting the person.

(3) For the purposes of subsections (2) and (2A), a pursuit of a person is taken not to have stopped or to have been interrupted only because the security officer concerned has temporarily lost sight of the person.

(4) A security officer who arrests a person under this section must, as soon as practicable, take the person--

(a) to a police officer to be dealt with according to law, or

(b) before an authorised officer to be dealt with according to law.

(4A) A security officer may discontinue an arrest at any time if the arrested person is no longer a suspect or the reason for the arrest no longer exists or for any other reason.

(5) In this section--


"assault" a person means commit an act of violence against a person that constitutes an offence under Part 3 of the Crimes Act 1900 .


"authorised officer" means--

(a) before the commencement of section 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 --an authorised justice within the meaning of the Search Warrants Act 1985 , or

(b) on or after the commencement of section 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 --an authorised officer within the meaning of that Act.