Victorian Consolidated Legislation

Crimes Act 1958 - SECT 458

Person found committing offences may be arrested without warrant by any person

458. Person found committing offences may be arrested without warrant by any
person



(1) Any person, whether a member of the police force or not, may at any time
without warrant apprehend and take before a bail justice or the Magistrates'
Court to be dealt with according to law or deliver to a member of the police
force to be so taken, any person-

   (a)  he finds committing any offence (whether an indictable offence or an
        offence punishable on summary conviction) where he believes on
        reasonable grounds that the apprehension of the person is necessary
        for any one or more of the following reasons, namely-

   (i)  to ensure the appearance of the offender before a court of competent
        jurisdiction;

   (ii) to preserve public order;

   (iii) to prevent the continuation or repetition of the offence or the
        commission of a further offence; or

   (iv) for the safety or welfare of members of the public or of the offender;

   (b)  when instructed so to do by any member of the police force having
        power under this Act to apprehend that person; or

   (c)  he believes on reasonable grounds is escaping from legal custody or
        aiding or abetting another person to escape from legal custody or
        avoiding apprehension by some person having authority to apprehend
        that person in the circumstances of the case.

(2) For the purposes of paragraph (a) in subsection (1) offence means offence
at common law or a contravention of or failure to comply with a provision of
an Act of Parliament and unless otherwise by Act of Parliament expressly
provided does not include a contravention of or failure to comply with a rule
regulation by-law or other law made under an Act of Parliament.

(3) A person who has been apprehended without warrant pursuant to the
provisions of paragraph (a) in subsection (1) in respect of any offence
punishable on summary conviction (not being an indictable offence punishable
summarily) and taken into custody shall be held in the custody of the person
apprehending him only so long as any reason referred to in the said paragraph
for his apprehension continues and where, before that person is charged with
an offence, it appears to the person arresting that person that the reason no
longer continues the person arresting that other person shall, without any
further or other authority than this subsection, release that person from
custody without bail or cause him to be so released and whether or not a
summons has been issued against him with respect to the offence alleged.