Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p14
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 32267–34996

the person of the reason for the request; and

  (c) complies with subsection (3) if the person makes a request under that subsection;

the person must not, without reasonable excuse:

  (d) refuse or fail to comply with the request; or

  (e) give a name or address that is false in a material particular.

"(3) If a constable who makes a request of a person under subsection (1) is requested by the person to provide to the person:

  (a) his or her name or the address of his or her place of duty; or

  (b) his or her name and that address; or

     (c) if he or she is not in uniform and it is practicable for the constable to provide the evidence—evidence that he or she is a constable;

the constable must not:

  (d) refuse or fail to comply with the request; or

  (e) give a name or address that is false in a material particular.

Penalty: 5 penalty units.

Power of arrest without warrant by constables

"3W.(1) A constable may, without warrant, arrest a person for an offence if the constable believes on reasonable grounds that:

  (a) the person has committed or is committing the offence; and

     (b) proceedings by summons against the person would not achieve one or more of the following purposes:

        (i) ensuring the appearance of the person before a court in respect of the offence;

        (ii) preventing a repetition or continuation of the offence or the commission of another offence;

        (iii) preventing the concealment, loss or destruction of evidence relating to the offence;

        (iv) preventing harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence;

        (v) preventing the fabrication of evidence in respect of the offence;

     (vi) preserving the safety or welfare of the person.

  "(2) If:

  (a) a person has been arrested for an offence under subsection (1); and

     (b) before the person is charged with the offence, the constable in charge of the investigation ceases to believe on reasonable grounds:

      (i) that the person committed the offence; or

        (ii) that holding the person in custody is necessary to achieve a purpose referred to in paragraph (1)(b);

the person must be released.

"(3) A constable may, without warrant, arrest a person whom he or she believes on reasonable grounds has escaped from lawful custody to which the person is still liable in respect of an offence.

Arrest of prisoner unlawfully at large

"3X.(1) A constable may, without warrant, arrest a person whom the constable believes on reasonable grounds to be a prisoner unlawfully at large.

"(2) The constable must, as soon as practicable, take the person before a Magistrate.

"(3) If the Magistrate