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Armed Forces Discipline Act 1971

Arrest and search

91: Arrest of person unlawfully at large

You could also call this:

"Police can arrest you without a warrant if you break prison rules"

Illustration for Armed Forces Discipline Act 1971

If you have been sentenced to imprisonment or detention under the Armed Forces Discipline Act and a constable thinks you are unlawfully at large, they can arrest you without a warrant. If you were temporarily released from imprisonment or detention and a constable thinks you have not followed the conditions of your release, they can also arrest you without a warrant. When a constable makes an arrest, they must take you into service custody or back to the place where you were imprisoned or detained as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403039.

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Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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"Arresting spies or people who help enemies outside New Zealand"

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Part 4Arrest and search

91Arrest of person unlawfully at large

  1. Where a constable has reasonable grounds to suspect that a person who has been sentenced under this Act to imprisonment or detention is unlawfully at large, he may arrest that person without warrant.

  2. Where any person serving a sentence of imprisonment or detention imposed under this Act has been temporarily released from that imprisonment or detention in accordance with orders issued by or under the authority of the Chief of Defence Force and a constable has reasonable cause to suspect that that person has failed to comply with any of the conditions subject to which his release was ordered, the constable may arrest him without warrant.

  3. On making any such arrest, the constable shall as soon as practicable deliver the arrested person into service custody or to the officer in charge of the place where he was imprisoned or detained before he escaped or was temporarily released.

Notes
  • Section 91(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 91(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 91(2): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
  • Section 91(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).