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NCJRS Abstract

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NCJ Number: 98406 Find in a Library
Title: Recent Developments in the Law of Arrest
Journal: New Zealand Law Journal  Dated:(November 1984)  Pages:373-378
Author(s): S Todd
Date Published: 1984
Page Count: 6
Format: Article
Language: English
Country: New Zealand
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.
Index Term(s): Arrest procedures; Citizen arrests; Law reform; New Zealand; United Kingdom (UK)
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