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’: that is, they can apprehend another person committing a statutory or common law offence, where they believe on reasonably grounds that the apprehension is necessary to preserve public order or to prevent the continuation of the offence, or for other reasons ( CAs 458(1)). This includes authorised officers.

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 such force as is believe on reasonable grounds to be necessary ( CAs 462A).

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