Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Procedure - Arrest

316: Duty of persons arresting

You could also call this:

“ When you arrest someone, you must tell them why and show them proof if they ask ”

When you arrest someone, you must tell them why you’re arresting them at the time of arrest. You don’t need to use fancy words - just explain it simply so they understand. If it’s not possible to tell them right away, or if the reason is obvious, you don’t have to say it.

If you’re arresting someone with a warrant or official document, you need to show it to them if they ask. If you don’t have it with you when you arrest them, you should show it to them as soon as you can if they want to see it.

If you’re not a police officer but have the power to arrest someone because of your job, you need to show proof of your job if the person you’re arresting asks to see it. If you don’t have it with you, show it to them later if they ask.

If you don’t follow these rules, you might still be protected from getting in trouble, but it could be looked at to see if you could have made the arrest in a less rough way.

When you arrest someone for an offence, you need to take them to court as soon as possible. But you don’t have to do this if you let them go after giving them a summons to appear in court, if you release them on bail, or if you let them go for any other reason.

Some laws might have different rules about arrests. These could include who needs to prove if an arrest was fair, or special rules for people who can arrest others as part of their job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM331233.

Topics:
Crime and justice > Criminal law
Crime and justice > Police and safety
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315: Arrest without warrant, or

“Police can catch and hold someone without special permission if they're being naughty or if the police think they've been naughty.”

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317: Power to enter premises to arrest offender or prevent offence, or

“Police can go into buildings to catch bad guys or stop crimes from happening.”

Part 12 Procedure
Arrest

316Duty of persons arresting

  1. It is the duty of every one arresting any other person to inform the person he or she is arresting, at the time of the arrest, of the act or omission for which the person is being arrested, unless it is impracticable to do so, or unless the reason for the arrest is obvious in the circumstances. The act or omission need not be stated in technical or precise language, and may be stated in any words sufficient to give that person notice of the true reason for his or her arrest.

  2. It is the duty of every one who arrests any other person pursuant to any process or warrant—

  3. if he or she has the process or warrant, or a copy of it, in his or her possession at the time of the arrest, to produce it if required by that person to do so:
    1. if he or she does not have the process or warrant, or a copy of it, in his or her possession at the time of the arrest, to show it to the arrested person as soon as practicable after the arrest, if that person so requires.

      1. Where under any enactment any person other than a constable has, by virtue of his or her office, a power of arrest without warrant, he or she shall, whenever he or she arrests any other person pursuant to that power,—

      2. if he or she has evidence of his or her appointment to that office in his or her possession at the time of the arrest, produce it if required by that person to do so:
        1. if he or she does not have evidence of his or her appointment in his or her possession at the time of the arrest, show it to the arrested person as soon as practicable after the arrest, if that person so requires.

          1. A failure to fulfil any of the duties mentioned in the foregoing provisions of this section shall not of itself deprive the person arresting, or his or her assistants, of protection from criminal responsibility, but shall be relevant to the inquiry whether the arrest might not have been effected, or the process or warrant executed, by reasonable means in a less violent manner.

          2. Every person who is arrested on a charge of any offence shall be brought before a court, as soon as possible, to be dealt with according to law.

          3. The obligation under subsection (5) ceases if the person is—

          4. released following the service of a summons under section 28 of the Criminal Procedure Act 2011 to appear in court to answer the charge; or
            1. released on bail under section 21 of the Bail Act 2000; or
              1. otherwise released from custody.

                1. Nothing in this section shall limit or affect the express provisions of any enactment whereby—

                2. the burden of proving the absence of reasonable or probable cause, or the absence of justification, for any arrest is on any person:
                  1. any person having, by virtue of his or her office, a power of arrest without warrant is entitled, in any specified circumstances, to exercise that power without the production of evidence of his or her appointment to that office, or is required, in exercising the power, to comply with any specified conditions or restrictions in addition to or instead of producing evidence of his or her appointment.

                    Compare
                    • 1908 No 32 s 61
                    Notes
                    • Section 316(2)(a): replaced, on (applying to the execution of any warrant of arrest on or after that date even if the warrant was issued before that date), by section 4(1) of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
                    • Section 316(2)(b): replaced, on (applying to the execution of any warrant of arrest on or after that date even if the warrant was issued before that date), by section 4(1) of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
                    • Section 316(5A): inserted, on , by section 4(2) of the Crimes Amendment Act (No 4) 2011 (2011 No 85).