Western Australian Current Acts

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CRIMINAL INVESTIGATION ACT 2006 - SECT 25

25 .         Citizen’s arrest

        (1)         In this section —

        arrestable offence means an offence the statutory penalty for which is or includes imprisonment.

        (2)         Any person may arrest another person (the suspect ) if he or she reasonably suspects that the suspect has committed or is committing an arrestable offence.

        (3)         Any person may arrest another person (the suspect ) who is doing or about to do an act that the person is entitled to prevent under section 24(1)(a), (b) or (c).

        (4)         A person is not entitled, by reason only of subsection (2) or (3), to enter a place or vehicle where the person suspects the suspect is.

        (5)         A person who arrests a suspect under subsection (2) or (3) must as soon as practicable —

            (a)         arrange for a police officer to attend; or

            (b)         take the suspect and any thing relevant to the offence to a police officer.

        (6)         For the purpose of complying with subsection (5), a person may detain the suspect until the police officer attends or until the suspect is taken to a police officer.

        (7)         When a police officer attends or the suspect is taken to a police officer —

            (a)         the officer may arrest the suspect if, under section 128 or an arrest warrant, the officer is authorised to arrest the suspect; but

            (b)         if the officer does not arrest the suspect, the suspect ceases to be under arrest.



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