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Recent Developments in the Law of Arrest

NCJ Number
98406
Journal
New Zealand Law Journal Dated: (November 1984) Pages: 373-378
Author(s)
S Todd
Date Published
1984
Length
6 pages
Annotation
This paper reviews citizen and constable powers of arrest under the 1961 New Zealand Crimes Act, British statutes, and British case law that reflects common law principles of arrest.
Abstract
Regarding the arrest powers of a private citizen, the Crimes Act provides that any citizen is justified in arresting without a warrant any person found committing any offense punishable by death or at least 3 years in prison. A constable has broader powers under the act, in that the constable need not observe a subject committing an offense to conduct a warrantless arrest. The constable's reasonable and probable belief that the person has committed an offense is sufficient reason for a warrantless arrest. The law also addresses a constable's power ancillary to making an arrest, including issues pertaining to entry on premises, the use of force, and a search of the arrested person. The paper argues that (1) the private citizen's arrest power should be reexamined, since it contains arbitrary rules with no social utility; (2) a constable's power of arrest based upon suspicion or belief an offense is or has been committed should be governed by a standard test; and (3) police powers to question a suspect after arrest should be clarified. 2 footnotes.

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