CRIMINAL INVESTIGATION ACT 2006 - SECT 128
CRIMINAL INVESTIGATION ACT 2006 - SECT 128
128 . Arrest power for offences
(1) In this section
—
serious offence means an offence —
(a) the
statutory penalty for which is or includes imprisonment for 5 years or more or
life; or
(b)
under the Restraining Orders Act 1997 section 61(1), (1A) or (2a); or
(c) that
involves family violence as defined in the Restraining Orders Act 1997 section
5A(2)(a), (b), (e) or (j) or a threat to enact that violence; or
(d)
under section 38C(2).
(2) A police officer
or a public officer may arrest a person for a serious offence if the officer
reasonably suspects that the person has committed, is committing, or is just
about to commit, the offence.
(3) A police officer
or a public officer may arrest a person for an offence that is not a serious
offence if the officer reasonably suspects —
(a) that
the person has committed, is committing, or is just about to commit, the
offence; and
(b) that
if the person is not arrested —
(i)
it will not be possible, in accordance with law, to
obtain and verify the person’s name and other personal details; or
(ii)
the person will continue or repeat the offence; or
(iii)
the person will commit another offence; or
(iv)
the person will endanger another person’s safety or
property; or
(v)
the person will interfere with witnesses or otherwise
obstruct the course of justice; or
(vi)
the person will conceal or disturb a thing relevant to
the offence; or
(vii)
the person’s safety will be endangered.
[Section 128 amended: No. 32 of 2011 s. 17; No. 56
of 2012 s. 8; No. 49 of 2016 s. 102; No. 8 of 2023 s. 4.]