Q: When will I know if I am being illegally detained by the police?
Monday, 16 March 2015
Police powers to arrest without a warrant
A: According to section 46 of the Police Service Act 2006, as amended:
(1) A police officer may arrest without a warrant—
(a) a person who is charged by another person with committing an aggravated assault in any case in which such police officer believes upon reasonable ground that such assault has been committed although not within his view, and that by reason of the recent commission of the offence a warrant could not have been obtained for the apprehension of the offender;
(b) a person who commits a breach of the peace in his presence;
(c) a person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;
(d) a person in whose possession anything is found which may reasonably be suspected to have been stolen or who may reasonably be suspected of having committed an offence with reference to such thing;
(e) a person whom he finds lying or loitering in any public or private place or building and who does not give a satisfactory account of himself;
(f) a person whom he finds in any public or private place or building and whom he suspects upon reasonable grounds of having committed or being about to commit an offence; or
(g) a person found having in his possession without lawful excuse any implement of housebreaking.
(2) Without prejudice to the powers conferred upon a police officer by subsection (1), a police officer, and all persons whom he may call to his assistance, may arrest without a warrant a person who within view of such police officer commits an offence and whose name or residence is unknown to such police officer and cannot be ascertained by him.