Police Offences
Act 1935
•an Act to consolidate and amend the law relating to certain offences punishable summarily and to provide for certain police powers
Part VII, Division 1
Police Offences Act
1935
•Details the arrest powers of police
What does the term
'arrest' mean?
•Arrest: the detention of a person by an investigating officer (lawful detention)
When do police have the power to arrest a person?
When they believe that a person has committed, or is about to commit, a crime.
When they witness a person committing a crime.
What is a warrant?
•A warrant is an order issued by the court authorising the police to do something
Arrest warrant
•Arrest warrants are issued to the police by the courts. It authorises them to arrest a person where the court is convinced that there is evidence that an offence may have been committed.
Search warrant
•A search warrant is a court order that allows the police to enter premises for the purpose of looking for evidence.
When they have an arrest warrant for the person.
 The police cannot simply arrest a person in order to question them. The police have no legal right to detain a person unless lawfully arrested.
 Reasonable force may be used when making an arrest.

The arresting officer cautions the person about his or her right to remain silent, and informs the person of the reason for the arrest and that anything they say may be used in evidence. The suspect is then taken to the police station for questioning.
A lawful arrest
a) A statement must be made indicating that the person is under arrest,
b) A statement indicating a reason for the arrest must be made,
c) The person must be physically removed, or remain in a place indicated by the police, or voluntarily accompany the police.

Whether an offender is arrested with or without a warrant is left to police discretion. The police do not always need to take an offender to the police station or place them under arrest. In some cases, particularly traffic offences, the police take down the details of the crime and send a summons at a later date.
What is a summons?
In the case of minor matters, or summary offences, a summons may be issued rather than the person being arrested.
A summons is a legal document that requires a person to attend court. It gives details of the charge, when and where the charge is to be heard and outlines the consequences of failing to attend.
Police have the power to stop, search and detain. This power is confined to situations where the police have reasonable grounds to suspect a person or vehicle is carrying an article that is illegal, such as drugs or a weapon. The power is to stop the person and detain them for the purpose of a search. Once the search is complete the police either arrest the person or release them. The police cannot use these powers to detain a person and then question them.
Police may obtain a
warrant to search premises if it is believed that the search will disclose:
Stolen goods
Goods that might be evidence of a crime
Police may enter and search premises without a warrant where the police have a reasonable belief that:
Goods that might be used in a crime
An indictable (serious) offence is happening
A person is escaping from legal custody
A person with a mental impairment is likely to do harm to themselves or others
Goods that might be relevant to the commission of a crime
Illegal drugs are on the property
There has been a breach of an intervention order

Police can search a person, their car or items in their possession without a warrant in the following situations:
In the process of an arrest, the police can search a suspect for evidence, weapons or other items that may be used to escape custody or inflict self harm
If a particular act of parliament give them the power to search without warrant in specific situations. For example: major public events and in public places.
Under the Youth Justice Act 1997 (an Act to provide for the treatment and punishment of young persons who have committed offences and for related purposes) , police have a limited power of arrest.
Pat down (frisk) search
Police use their hands to see if items are concealed in clothing. The police can ask for outer clothing like coats, hats and shoes to be removed and can ask people to turn out their pockets during a search
Police can search a suspect in a public place or at the police station. The police must make a written record of all body searches.
Full (strip) search
These must be done in private (usually at the police station) and should not involve touching of the body. These searches involve an officer of the same sex supervising the removal of clothing for further examination.
Every person has the right to be treated as innocent until proven guilty. It is therefore necessary to provide safeguards for individuals when dealing with the police, particularly when a person is arrested and detained for questioning or further investigation.
A criminal court has the power to exclude any police evidence obtained unfairly or illegally.

Questioning
Fingerprints
• Police have the power to question a suspect for a reasonable time before the suspect is released unconditionally or on bail or brought before a Magistrate
• Police have the power to take fingerprints of a person who is 15 or older (if aged 10 - 15, a
Children's Court order or parental permission is required) if they are suspected or charged with committing indictable offence and some summary offences
Purpose of declaring a crime scene
Preserving, searching for and gathering evidence
Why a crime scene can be declared
If an offence or a crime has been committed at or near that place; or there is evidence at that place that is relevant to an offence or crime.
How long a crime scene can remain in force for?
Declaration remains in place for 7 days unless revoked
Samples
Surveillance devices
• Police have the power to take blood samples/body samples to gather DNA if consent is given or court order is obtained if person is suspected or charged with committing an indictable offence
• Police have the power to use surveillance devices or tap telephones (official permission needed). Example: Baden-Clay murder microphone placed in flowers on the coffin of wife hoping for a confession.
Police authorisation at a crime scene
Direct a person to leave the crime scene or remove vehicle
Direct a person not to enter the crime scene
Prevent a person from entering a crime scene
Perform any necessary investigation including searching the crime scene without warrant and inspecting anything in it to obtain evidence of the commission of an offence or crime
Photograph and record the crime scene
Seize and detain all or part of a thing that might provide evidence
Dig up anything at the crime scene
Remove roofing material, wall or ceiling linings or floors of a building