Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p19
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 19/27)
Character Range: 47111–49771

or an officer assisting must provide a receipt for the thing.

(2) If 2 or more things are seized or moved, they may be covered in the one receipt.

Division 4—Arrest and related matters

38S Power to enter premises to arrest person

(1) Subject to subsection (2), if:

         (a) a police officer has, under this Act or under a warrant issued under the regulations, power to arrest a person; and

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

      the police officer may, at any time of the day or night, enter the premises for the purpose of searching the premises for the person or arresting the person. In doing so, the police officer may use such force as is necessary and reasonable in the circumstances.

      (2) A police officer must not enter a dwelling house at any time during the period commencing at 9 pm on a day and ending at 6 am on the following day unless the police officer believes on reasonable grounds that it will not be practicable to arrest the person, either at the dwelling house or elsewhere, at another time.

(3) In subsection (2):

dwelling house includes:

(a) a vehicle; or

         (b) a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.

38T Use of force in making arrest

      (1) In exercising powers of arrest under section 38S, a police officer must not use more force, or subject the person being arrested to

      greater indignity, than is necessary and reasonable to make the arrest or to prevent the escape of the person after the arrest.

(2) Without limiting subsection (1), a police officer must not, in the course of arresting a person:

         (a) if paragraph (b) does not apply—do anything that is likely to cause the death of, or grievous bodily harm to, the person unless the police officer believes on reasonable grounds that doing that thing is necessary to protect a human life or to prevent serious injury to another person (including the police officer); or

         (b) if the person is attempting to escape arrest by fleeing—do anything that is likely to cause the death of, or grievous bodily harm to, the person unless:

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

            (ii) the person has, if practicable, been called on to surrender and the police officer believes on reasonable grounds that the person cannot be arrested in any other manner.

38U Persons to be informed of grounds of arrest

(1) When arresting a person,