skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 50323 Find in a Library
Title: LAW OF ARREST IN AUSTRALIA (FROM AUSTRALIAN JUSTICE SYSTEM, 2D ED., 1977, BY DUNCAN CHAPPELL AND PAUL WILSON - SEE NCJ-50316)
Author(s): R W HARDING
Corporate Author: Butterworth
Canada
Date Published: 1977
Page Count: 20
Sponsoring Agency: Butterworth
Scarborough, Ontario M1P 451, Canada
Format: Document
Language: English
Country: Australia
Annotation: FACTORS DETERMINING THE LAWFULNESS OF ARREST PROCEDURES IN VARIOUS JURISDICTIONS ARE DISCUSSED.
Abstract: THE MEANING OF ARREST IS BRIEFLY DISCUSSED, AND THE FOLLOWING SUBJECTS BEARING ON THE LAWS SETTING THE PARAMETERS FOR ARREST PROCEDURES ARE CONSIDERED: COMMON LAW RULES CONCERNING ARREST WITH OR WITHOUT WARRANT; LEGISLATIVE MODIFICATIONS TO THE COMMON LAW POWERS OF THE POLICE TO ARREST WITHOUT WARRANT IN THE COMMON LAW STATES, CODE STATES, AND TERRITORIES, ARRESTS AUTHORIZED BY COMMONWEALTH LAW; WHEN TO USE ARREST OR SUMMONS; INFORMING THE ARRESTEE OF THE REASONS FOR HIS ARREST; FORCE WHICH MAY LAWFULLY BE USED IN MAKING A LAWFUL ARREST; OFFENSES ARISING OUT OF RESISTING ARREST; PLACE OF ARREST; ARREST FOR THE PURPOSE OF QUESTIONING THE ARRESTEE; THE DUTY TO TAKE THE ARRESTEE BEFORE A JUSTICE AND THE NATURE OF THE SUBSEQUENT CHARGE; THE POLICE OFFICER'S DUTY TO ARREST; PROBLEMS IN THE PRESENT LAW AND PRACTICE RELATING TO ARREST BY POLICE OFFICERS; AND THE CITIZEN'S RIGHT AND DUTY TO ARREST. IT IS CONCLUDED THAT THE DISTINCTIVE FEATURES OF THE LAW OF ARREST IN THE AUSTRALIAN STATES ARE ITS COMPLEXITY AND BREADTH. IT IS URGED THAT SIMPLIFICATION AND LIMITATION BE THE AIMS OF FUTURE REFORM. (RCB)
Index Term(s): Arrest and apprehension; Australia; Citizen arrests; Laws and Statutes; Warrants
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50323

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.