AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 55

PART VII - Powers of Police Officers and Other Persons Division I - Arrest 55. Arrest

      (1) Any police officer may arrest, without warrant, any person found offending against any of the provisions of –

(a) Division I of Part II;

(b) Parts III to V; or

(c) section 15B, 15C or 15D; or

(ca) section 20K; or

(d) section 37J(1).

      (2) Where a police officer is empowered to arrest any such person, it is the duty of such officer to exercise such power unless he has reasonable grounds for believing that the purposes of this Act, or of the Act conferring such power, as the case may be, will be adequately served by proceeding against the offender by summons.

      (2A) A police officer may arrest, without warrant, any person found offending against section 14A.

      (2B) Subject to subsection (2C), a police officer may arrest, without warrant, any person whom he believes on reasonable grounds to be on any land, building, structure, premises, aircraft, vehicle or vessel without the consent of the owner, occupier or person in charge of the land, building, structure, premises, aircraft, vehicle or vessel.

      (2C) The power of arrest conferred by subsection (2B) is not exercisable –

(a) unless the police officer has previously requested the person in relation to whom he seeks to exercise the power to leave the land, building, structure, premises, aircraft, vehicle or vessel concerned and that person has refused or failed to comply with the request; or

(b) if the police officer has reasonable grounds for believing that that person has some reasonable or lawful excuse for being on that land, building, structure, premises, aircraft, vehicle or vessel.

      (2D) A police officer may, without warrant, arrest any person whom the police officer has reasonable grounds for believing has committed an offence under section 13A, 13B, 13C, 21, 21A or 35.

      (2E) A police officer may, without warrant, arrest a person to facilitate the making of an application for a restraint order under Part XA of the Justices Act 1959 or a family violence order, if the police officer has reasonable grounds for believing–

(a) that the person has intimidated another person; and

(b) that the intimidation is likely to continue and give rise to an assault.

      (2F) For the purposes of subsection (2E), intimidation may be verbal, physical or both verbal and physical.

      (2G) A police officer, without warrant, may arrest any person the police officer has reasonable grounds for believing has committed an offence under section 37B.

      (3) Any person may arrest, without warrant, any person found offending against any provision of this Act if such offence involves –

(a) substantial injury to the person of another;

(b) serious danger of such injury;

(c) loss of any property of the person so arresting, or of any person by whom he is authorized to effect the arrest; or loss of any property of which the person arresting has charge;

(d) serious injury to any property; or

(e) injury to the property of a public authority.

      (3A) The power of a police officer to arrest a person under this section is subject to the limits imposed on the power of arrest by section 24 of the Youth Justice Act 1997.

      (4) For the purposes of this section, an offence shall be deemed to involve any of the matters specified in subsection (3) if the person arresting has reasonable grounds for believing that such matter has been, or will be, the consequence of any act of the offender in committing such offence.

      (5) For the purposes of this section, a person is said to be "found offending" if he does any act, or makes any omission, or conducts or behaves himself, and thereby causes a person who finds him reasonable grounds for believing that he has, in respect of such act, omission, or conduct, committed an offence against this Act.



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