Crimes Act 1961

Matters of justification or excuse - Arrest

37: Arrest after commission of certain crimes

You could also call this:

"Arresting someone who you think has just committed a crime"

Illustration for Crimes Act 1961

If you think someone has committed a crime against the Crimes Act 1961, you can arrest them without a warrant. You must believe they committed the crime for a good reason. If you arrest them, you will not get in trouble for making a mistake, as long as you had a good reason to think they committed the crime.

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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=DLM328252.


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36: Arrest of person believed to be committing crime by night, or

"Arresting someone at night if you think they're committing a crime"


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38: Arrest during flight, or

"Arresting someone while chasing them is allowed if you think they've broken the law and are trying to escape."

Part 3Matters of justification or excuse
Arrest

37Arrest after commission of certain crimes

  1. Where any offence against this Act has been committed, every one who believes, on reasonable and probable grounds, that any person has committed that offence is protected from criminal responsibility for arresting that person without warrant, whether or not that person committed the offence.

Compare
  • 1908 No 32 s 54