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Crimes Act 1961

Matters of justification or excuse - Arrest

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

You could also call this:

"Police can arrest you if they think you've committed a crime and have good reasons to believe it"

Illustration for Crimes Act 1961

If a police officer thinks you have committed a crime, they can arrest you without a warrant. The police officer must have good reasons to believe you did it. They can arrest you even if it's not certain that a crime was actually committed, or if it's not certain that you were the one who did it.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328247.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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31: Arrest by constable pursuant to statutory powers, or

"Police can arrest someone without a warrant if they follow special laws that let them do so"

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33: Arrest by other officers or persons pursuant to statutory powers, or

"People who aren't police officers can sometimes arrest others if a law says they can"

Part 3Matters of justification or excuse
Arrest

32Arrest by constable of person believed to have committed offence

  1. Where under any enactment any constable has power to arrest without warrant any person who has committed an offence, the constable is justified in arresting without warrant any person whom he or she believes, on reasonable and probable grounds, to have committed that offence, whether or not the offence has in fact been committed, and whether or not the arrested person committed it.

Compare
  • 1908 No 32 s 51