Activist Rights

Authorised officers may make an arrest

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Under the Crimes Act 1958 (“CA”), any person (not just police) can carry out a ‘citizen’s arrest’.

This means that any person can:

  • apprehend another person
  • who is committing a statutory or common law offence,
  • and they believe on reasonably grounds that the apprehension is necessary to:
    • preserve public order, 
    • prevent the continuation of the offence,
    • for the safety or welfare of the person or others,
    • to ensure the person goes to court. ( Crimes Act s 458(1)).

This means that authorised officers can make arrests.

If you are arrested by an authorised officer using these powers, you can only be held in custody so long as the officer reasonably believes that the apprehension is necessary ( CAs 458(3)).

In some instances, authorised officers using citizen’s arrests powers may be entitled to use reasonable force ( CAs 462A).

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