Plain language law

New Zealand law explained for everyone

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:

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

If a police officer has the power to arrest someone without a warrant for committing an offence, they can arrest you if they have good reasons to believe you did it. They can do this even if the offence didn’t actually happen, or if you didn’t actually do it. The police officer’s belief must be based on reasonable and probable grounds. This means they need to have solid reasons for thinking you committed the offence, not just a guess or a feeling.

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

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

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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 3 Matters 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