Crimes Act 1961

Matters of justification or excuse - Arrest

31: Arrest by constable pursuant to statutory powers

You could also call this:

“A police officer can legally catch someone without asking a judge first if the law says it's okay.”

A police officer can arrest you without a warrant if they are allowed to do so under [section 315] or any other law that gives them this power. This means they don’t need to get special permission from a judge before arresting you in these situations. The law says this is okay for the police to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328246.

Topics:
Crime and justice > Criminal law
Crime and justice > Police and safety

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30: Arresting the wrong person, or

“This law protects people who accidentally arrest the wrong person when they thought they had the right one.”


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32: Arrest by constable of person believed to have committed offence, or

“A police officer can arrest someone without a warrant if they think the person did something illegal.”

Part 3 Matters of justification or excuse
Arrest

31Arrest by constable pursuant to statutory powers

  1. Every constable is justified in arresting any person without warrant in accordance with the provisions of section 315 or in accordance with any other enactment conferring on him or her a power so to arrest.

Compare
  • 1908 No 32 ss 56, 57(2)