Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Arrest

37: Arrest after commission of certain crimes

You could also call this:

“You can arrest someone without permission if you think they did something against the law.”

If someone commits a crime against the Crimes Act 1961, you can arrest them without needing a warrant. You’re protected from getting in trouble for making the arrest, even if it turns out the person didn’t actually do the crime. However, you need to have good reasons to believe the person committed the offence. These reasons should be based on facts that would make a reasonable person think the same thing. This protection applies to anyone, not just police officers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328252.

Topics:
Crime and justice > Criminal law
Crime and justice > Police and safety
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36: Arrest of person believed to be committing crime by night, or

“You can catch someone at night if you think they're breaking the law, and you won't get in trouble for it.”

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38: Arrest during flight, or

“You can catch someone running away if you think they broke the law, even if you're not sure.”

Part 3 Matters 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