Release of Persons Arrested Without a Warrant

AuthorSteve Coughlan/Alex Gorlewski
Pages144-150
144 Police Powers / Compelling Appearance
1.3(f) Release of Persons Arrested Without a
Warrant
Is the oence
summary, hybrid,
or in s 553?1
Need to identify the person,
secure evidence, prevent
oences, or ensure court
attendance?2
Yes
No
Appropriate to arrest
at the scene
Is the oence
summary, hybrid,
or in s 553?4
Take to lockup
Is the oence
summary, hybrid,
in s 553, or punishable
by five years or
less imprisonment?7
Oence in s 469?9
Should accused
be released
conditionally?9
Release on
conditions10
Prefer appearance
notice3
Yes
Need to identify the person,
secure evidence, prevent
oences, protect a victim/
witness, or ensure court
attendance?5
Prefer appearance
notice or summons6
Need to identify the person,
secure evidence, prevent
oences, protect a victim/
witness, or ensure court
attendance?7
Prefer summons,
promise to appear,
or recognizance and
deposit (if arrestee not
ordinary resident)8
Take before justice
without unreasonable
delay11
No
No
No
Yes
Yes
Yes
No
No
No
Yes
Yes
No
Yes

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT