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, 15D or 15F; 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, having complied with the request, returns to the land, building, structure, premises, aircraft, vehicle or vessel concerned within 14 days after so complying without the consent of the owner or occupier; 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, section 13B, section 13C, section 15CA(1), section 21, section 21A, section 35, section 37AA(1), section 37B, section 37S(1) or (2), section 37SA(2) or (3), section 37ZC(6) or (7) or section 37ZD(3A) or (4).
(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) .  .  .  .  .  .  .  .  
(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 sections 24 and 24A 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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