Crim2114
Criminal Law B study notes, quick reference answers
Resource Sample
PPRA
S365 - Arrest - Arrest occurs where there is reasonable suspicion and it is reasonably necessary to arrest
Steps
1. Was the arrest lawful - Ridgeway
• Was there reasonable suspicion – George v Rockett – Need be more than wondrous,
though does not have to be a belief of idle facts
• Was the arrest necessary – Walters v Lawler
i. No, an alternative could have been used
1. Notice to appear (NTA); ss382-390
2. Complaint and summons; ss53-54 Justice Act
3. Discontinue arrest: ss375-380 – decide not to charge; go with NTA; drunk
and take to hospital
4. Limit of re-arrest: s381 – need more evidence
5. Infringement notices
6. Move on powers: ss44-49
•
Was the force used reasonable S615, serious force s616
i. No need for physical touching (Delitt v Small)
ii. Lawful detention
iii. Excessive force (R v Hardy) and when arrest occurred
iv. Meagher – was the force proportio...
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