Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p17
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 39546–42219

constable has, under a warrant, power to arrest a person for an offence; and

    (b) the constable believes on reasonable grounds that the person is on any premises;

the constable may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the person or arresting the person.

  "(2) Subject to subsection (3), if:

    (a) a constable may, under section 3W, arrest a person without warrant for an offence; and

  (b) the offence is an indictable offence; and

     (c) the constable believes on reasonable grounds that the person is on any premises;

the constable may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the person or arresting the person.

"(3) A constable must not enter a dwelling house under subsection (1) or (2) at any time during the period commencing at 9 p.m. on a day and ending at 6 a.m. on the following day unless the constable believes on reasonable grounds that:

     (a) it would not be practicable to arrest the person, either at the dwelling house or elsewhere, at another time; or

     (b) it is necessary to do so in order to prevent the concealment, loss or destruction of evidence relating to the offence.

  "(4) In subsection (3):

'dwelling house' includes a conveyance, and a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.

Use of force in making arrest

"3ZC.(1) A person must not, in the course of arresting another person for an offence, use more force, or subject the other person to greater indignity, than is necessary and reasonable to make the arrest or to prevent the escape of the other person after the arrest.

"(2) Without limiting the operation of subsection (1), a constable must not, in the course of arresting a person for an offence:

     (a) do anything that is likely to cause the death of, or grievous bodily harm to, the person unless the constable believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the constable); or

     (b) if the person is attempting to escape arrest by fleeing—do such a thing unless:

        (i) the constable believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the constable); and

        (ii) the person has, if practicable, been called on to surrender and the constable believes on reasonable grounds that the person