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CRIMES ACT 1958 - SECT 458

Person found committing offences may be arrested without warrant by any person

S. 458(1) amended by No. 37/2014 s. 10(Sch. item 36.13).

    (1)     Any person, whether a police officer or not, may at any time without warrant apprehend and take before a bail justice or the Magistrates' Court to be dealt with according to law or deliver to a police officer to be so taken, any person—

        (a)     he finds committing any offence (whether an indictable offence or an offence punishable on summary conviction) where he believes on reasonable grounds that the apprehension of the person is necessary for any one or more of the following reasons, namely—

S. 458(1)(a)(i) amended by No. 68/2009 s. 97(Sch. item 40.30).

              (i)     to ensure the attendance of the offender before a court of competent jurisdiction;

              (ii)     to preserve public order;

              (iii)     to prevent the continuation or repetition of the offence or the commission of a further offence; or

              (iv)     for the safety or welfare of members of the public or of the offender;

S. 458(1)(b) amended by No. 37/2014 s. 10(Sch. item 36.13).

        (b)     when instructed so to do by any police officer having power under this Act to apprehend that person; or

S. 458(1)(c) amended by No. 117/1986 s. 6(Sch. 1 item 1(8)(a)).

        (c)     he believes on reasonable grounds is escaping from legal custody or aiding or abetting another person to escape from legal custody or avoiding apprehension by some person having authority to apprehend that person in the circumstances of the case.

    (2)     For the purposes of paragraph (a) in subsection (1) "offence" means offence at common law or a contravention of or failure to comply with a provision of an Act of Parliament and unless otherwise by Act of Parliament expressly provided does not include a contravention of or failure to comply with a rule regulation by-law or other law made under an Act of Parliament.

S. 458(3) amended by Nos 9008 s. 2(1)(Sch. item 2(k)), 68/2009 s. 97(Sch. item 40.31).

    (3)     A person who has been apprehended without warrant pursuant to the provisions of paragraph (a) in subsection (1) in respect of any offence punishable on summary conviction (not being an indictable offence that may be heard and determined summarily) and taken into custody shall be held in the custody of the person apprehending him only so long as any reason referred to in the said paragraph for his apprehension continues and where, before that person is charged with an offence, it appears to the person arresting that person that the reason no longer continues the person arresting that other person shall, without any further or other authority than this subsection, release that person from custody without bail or cause him to be so released and whether or not a summons has been issued against him or a notice to appear has been served on him with respect to the offence alleged.

S. 458(4) inserted by No. 68/2009 s. 97(Sch. item 40.32).

    (4)     In subsection (3), "notice to appear" has the same meaning as in the Criminal Procedure Act 2009 .

S. 459 (Heading) inserted by No. 43/2011 s. 17(1), amended by No. 37/2014 s. 10(Sch. item 36.14).

S. 459 substituted by No. 8247 s. 2, amended by No. 43/2011 s. 17(2)(3) (ILA s. 39B(1)).

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