Apprehension of
offenders352 Person in act of committing or having committed offence
(1) Any constable or other person may without warrant apprehend,(a) any person in the act of committing, or immediately after having committed, an offence punishable, whether by indictment, or on summary conviction, under any Act,(b) any person who has committed a felony for which he has not been tried,and take him, and any property found upon him, before an authorised Justice to be dealt with according to law.(2) Any constable may without warrant apprehend,(a) any person whom he, with reasonable cause, suspects of having committed any such offence or crime,(b) any person lying, or loitering, in any highway, yard, or other place during the night, whom he, with reasonable cause, suspects of being about to commit any felony,and take him, and any property found upon him, before an authorised Justice to be dealt with according to law.(3) Any constable may, although the warrant is not at the time in his possession, apprehend any person for whose apprehension for a misdemeanour, or an offence punishable as a misdemeanour, a warrant has been issued, and take him, and any property found upon him, before an authorised Justice to be dealt with according to law.(4) Any constable may, although the warrant is not at the time in his possession, apprehend any person for whose apprehension on any ground other than a charge of felony or misdemeanour or offence punishable as a misdemeanour a warrant has been lawfully issued, provided the issue of such warrant has been certified by telegraph by the Commissioner of Police or by the Justice who has signed such warrant.(5) In this section:authorised Justice means:
(a) a Magistrate, or(b) a Justice employed in the Department of Courts Administration.telegraph includes telephone, radio, telex, facsimile transmission, computer used to relay information and any other communication device.
352AA Arrest of prisoners unlawfully at large
(1) Any constable may, with or without warrant, apprehend any person whom the constable, with reasonable cause, suspects of being a prisoner unlawfully at large and take the person before an authorised Justice who may, by warrant, commit the person to prison, there to be kept in custody under the same authority, and subject to the same conditions and with the benefit of the same privileges and entitlements, as would have applied in respect of the person had the person not been at large.(2) A reference in subsection (1) to a prisoner unlawfully at large is a reference to a person who is at large (otherwise than by reason of having escaped from lawful custody) at a time when the person is required by law to be in custody in prison.(3) A constable may apply to an authorised Justice for a warrant for the apprehension of a prisoner whom the constable, with reasonable cause, suspects of being a prisoner unlawfully at large.(4) The authorised Justice to whom an application is made under subsection (3) may, if satisfied that there are reasonable grounds for doing so, issue a warrant for the apprehension of the prisoner concerned.(5) Section 64 of the Justices Act 1902 applies, with any necessary adaptations, to such a warrant in the same way as it applies to a warrant referred to in that section.(6) In this section, authorised Justice means:(a) a Magistrate, or(b) a Justice employed in the Local Courts Administration, Attorney General’s Department.
352A Power of arrest in cases of certain offences committed outside the State
(1) This section applies to an offence:(a) that is an offence against the law of a State (other than New South Wales) or a Territory of the Commonwealth, and(b) that consists of an act or omission which, if it occurred in New South Wales, would constitute:(i) an indictable offence, or(ii) an offence punishable by imprisonment for 2 years or more.(2) A member of the police force may, at any hour of the day or night and without any warrant other than this Act, apprehend any person whom he has reasonable cause to suspect of having committed an offence to which this section applies.(3) A person apprehended under this section shall be brought as soon as practicable before a court and the court:(a) may discharge the person, or(b) may:(i) commit him to custody, or(ii) admit him to bail,pending the execution under a law of the Commonwealth of a warrant or provisional warrant for his apprehension or his earlier release from bail, or discharge from custody, under subsection (7).(4) Subject to this section, a person apprehended under this section for an offence to which this section applies shall generally have the same rights, and be liable to be dealt with in the same way, as a person charged with the commission of the like offence in New South Wales, and in particular:(a) a member of the police force may exercise, in respect of a person so apprehended, the powers conferred on him by section 353A, as if the person were in lawful custody upon a charge or for any crime referred to in that section, and(b) the provisions of:(i) the Bail Act 1978, and(ii) the Justices Act 1902,shall, with such modifications as may be necessary, apply in relation to the admission of any such person to bail and in relation to proceedings before a court under this section.(5) Where a person has been committed to custody under subsection (3) (b) (i) and a warrant for his apprehension is subsequently presented for execution, he shall be delivered in accordance with the terms of the warrant to the custody of the person executing it.(6) Where a person has been admitted to bail under subsection (3) (b) (ii) or under Part 3 of the Bail Act 1978, and subsequently, but before he has complied with his bail undertaking, a warrant for his apprehension is executed under a law of the Commonwealth, he shall be deemed, at the time the warrant is executed to be released from that bail and to have complied with any condition or undertaking in relation to that bail at that time outstanding, not being a condition or undertaking with which he has by that time failed, without lawful excuse, to comply.(7) Where:(a) a person has been admitted to bail or, under subsection (3) (b), committed to custody, and(b) a warrant or provisional warrant for his apprehension is not executed within a reasonable time (not exceeding 7 days) thereafter,the person may be released from bail or shall be discharged from custody, as the case may require, by order of a court.(8) In this section court has the same meaning as it has in the Bail Act 1978.
353 Persons offering stolen property
Every person to whom any property is offered to be sold, or pawned, or delivered, and who has reasonable cause to suspect that an offence has been committed with respect to such property, may, and if in his power is required, to apprehend and forthwith take before a Justice the person offering the same, together with such property, to be dealt with according to law.
353A Power to search person, make medical examination, take photograph, fingerprints etc
(1) Where a person is in lawful custody upon a charge of committing any crime or offence:(a) any constable, or(b) where the person in custody is female and no female constable is available to conduct the search—any female acting under and in accordance with the request of a constable,may search the person and take from the person anything found upon that search.(1A) A search conducted by a person under and in accordance with a request made by a constable under subsection (1) (b) does not, if the search would be lawful if conducted by a constable, subject the person making the search personally to any action, liability, claim or demand whatever.(2) When a person is in lawful custody upon a charge of committing any crime or offence which is of such a nature and is alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of the crime or offence, any legally qualified medical practitioner acting at the request of any officer of police of or above the rank of sergeant, and any person acting in good faith in his aid and under his direction, may make such an examination of the person so in custody as is reasonable in order to ascertain the facts which may afford such evidence.(3) When a person is in lawful custody for any offence punishable on indictment or summary conviction, the officer in charge of police at the station where he is so in custody may take or cause to be taken all such particulars as may be deemed necessary for the identification of such person, including, where the person is of or above the age of 14 years, his photograph and finger-prints and palm-prints.
353AA Photographing, finger-printing etc children under 14 years of age
(1) This section applies to a child under the age of 14 years who is in lawful custody for any offence punishable on indictment or summary conviction.(2) A person shall not take a photograph or the finger-prints or palm-prints of a child to whom this section applies except in accordance with this section.(3) A member of the police force of or above the rank of sergeant may, in respect of a child to whom this section applies, apply:(a) to the Children’s Court, or(b) where it is not possible to apply to the Children’s Court within 72 hours after the taking of the child into custody, to a Justice,for an order authorising, for the purpose only of identifying the child, the taking of the child’s photograph, finger-prints and palm-prints.(4) The Children’s Court or a Justice, as the case may be, may hear an application under subsection (3) and may make the order sought in the application.(5) A child to whom this section applies shall not be held in custody for the purpose only of an application being made under subsection (3).
353AB Destruction of certain photographs, finger-prints etc
(1) Where a court finds an offence alleged against a child who has had the child’s photograph, finger-prints and palm-prints taken in accordance with section 353A (3) or 353AA not proved, the court shall cause to be served on:(a) the child,(b) where practicable, the parents or guardian of the child, and(c) any other person who has the care of the child,a notice stating that if the child or they so desires or desire, the court will order that the photograph, finger-prints and palm-prints, and any other prescribed records (other than the records of the court), relating to the alleged offence be destroyed and the court may make the order accordingly.(2) In this section:prescribed records means records of the kind prescribed for the purposes of section 38 (1) of the Children (Criminal Proceedings) Act 1987.
353B Person apprehended carrying razor etc
Where a person is in lawful custody upon a charge of committing any crime or offence and is found to have been carrying at the time or immediately before he was apprehended any razor, razor blade or other cutting weapon, he shall, unless the justice before whom he is brought is satisfied that he was carrying the same for a lawful purpose the proof of which shall lie upon the accused, be liable to imprisonment for a term not exceeding six months, or to a fine of $500, or both.
353C Arrest by commander of aircraft
(1) The person in command of an aircraft may, on board the aircraft, with such assistance as is necessary, arrest without warrant a person whom he finds committing or reasonably suspects of having committed, or of having attempted to commit, an offence on or in relation to, or affecting the use of, an aircraft and that person in command or a person authorised by him for the purpose may hold the person so arrested in custody until he can be brought before a Justice or other proper authority to be dealt with according to law.(2) The person in command of an aircraft may, where he considers it necessary so to do in order to prevent an offence on or in relation to, or affecting the use of, the aircraft or to avoid danger to the safety of the aircraft or of persons on board the aircraft, with such assistance as he thinks necessary:(a) place a person who is on board the aircraft under restraint or in custody, or(b) if the aircraft is not in the course of a flight, remove a person from the aircraft.