Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p8
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 16960–19455

of the following purposes:
 (i) to ensure the appearance of the person before a court in respect of the offence;
 (ii) to prevent the continuation or a repetition of the offence or another offence;
 (iii) to prevent the concealment, loss or destruction of evidence relating to that offence;
 (iv) to prevent the harassment or intimidation of, or interference with, a person who may be required to give evidence in proceedings for the offence;
 (v) to prevent the fabrication of evidence to be given or produced in proceedings for the offence;
 (vi) to preserve the safety or welfare of any person;
a special constable may apply to a Magistrate under Part 4 ('search warrants and warrants to arrest') for a warrant to arrest the person.

12 Procedure at the time of arrest

 (1) A special constable must, at the time of the arrest of a person:
 (a) if the constable has a warrant to arrest the person — produce the warrant, or a copy of the warrant; or
 (b) if the constable is arresting the person without a warrant or there are reasonable grounds to believe that a warrant to arrest the person has been granted — tell the person of the offence for which the person is being arrested and produce:
 (i) in the case of a leader — his or her identity card; and
 (ii) in the case of a police officer — written evidence of the fact that he or she is a police officer;
for inspection by the person and if the constable does not do so, he or she is not authorised to arrest that person.

 (2) A special constable is taken to have complied with paragraph (1) (b) if the constable tells the arrested person of the substance of the offence, but it is not necessary for him or her to do so in precise or technical language.

 (3) Subsection (1) does not apply to the arrest of a person if the actions of the person make it impracticable for the special constable:
 (a) to tell him or her of the offence; or
 (b) to produce his or her identity card or written evidence referred to in subparagraph (1) (b) (ii).

 (4) If there are reasonable grounds to believe at the time of arrest of a person that the person is unable to understand the substance of the offence in relation to which the arrest was made, because of:
 (a) inadequate knowledge of the English language; or
 (b) mental dysfunction; or
 (c) physical disability or disease;
the special constable who arrests the person must take all reasonable steps to ensure that the person is provided with an explanation of the substance of the offence that