Arrest Act (Chapter 339)

• Coming into Force: 03 November 1977
• Published date: 03 November 1977
• Revision Date: 01 October 2021
• Year: 1977
• Type of Document: Historic Legislation

Contenidos

• Arrest Act (Chapter 339)
• PART I.—PRELIMINARY.
• 1. Interpretation.
• 2. Application.
• PART II.—CIRCUMSTANCES JUSTIFYING ARREST WITHOUT WARRANT.
• 3. Arrest without warrant by a policeman.
• 4. Arrest by a policeman for breach of bail condition.
• 5. Arrest without warrant by member of the public.
• 6. Arrest without warrant for offence on board craft.
• 7. Arrest by person executing warrant of commitment.
• PART III.—ARREST WARRANTS.
• 8. Issue of warrant by a court other than a Local Court.
• 9. Issue of warrant by a Local Court.
• 10. Issue of warrant for breach of bail condition.
• 11. Direction of warrant.
• 12. Form of warrant.
• 13. Execution of warrants.
• PART IV.—MANNER OF ARREST, ETC.
• 14. Manner of effecting arrest.
• 15. Warrant to be carried or produced.
• PART V.—DUTIES TO BE PERFORMED AFTER ARREST.
• 16. Duties of private citizen after effecting an arrest.
• 17. Duties of a policeman after arrest.
• 18. Duties of officer-in-charge of station.
• 19. Procedure in the case of a warrant of commitment.
• 20. Duties of officer where warrant of commitment issued.
• PART VI.—POWERS OF POLICE AFTER ARREST.
• 21. Finger-prints, etc.
• 22. Medical examination.
• PART VII.—MISCELLANEOUS.
• 23. Powers of arrest conferred by other laws.
• 24. Powers, practice and procedure relating to contempt of the Parliament, etc.
• 25. Protection from criminal liability where wrong person arrested.
• 26. Civil remedy for wrongful exercise of powers conferred by this Act.
• 27. Certain acts deemed to be within course of employment.
• 28. Onus of proof in relation to certain civil proceedings.
• 29. Indemnity of policemen.
• 30. Abolition of certain common law powers and duties.
• 31. Regulations.

Arrest Act (Chapter 339)

[Arrest Act (Chapter 339) consolidated to No 17 of 2015]

INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 339.

Arrest Act.

Being an Act—

(a) to specify the circumstances in which persons may be arrested; and

(b) to confer certain powers and duties on persons making arrests; and

(c) to abolish certain rules of common law,

and for related purposes.

PART I.—PRELIMINARY.

1 Interpretation.

(1) In this Act, unless the contrary intention appears—

"authorized person" means a person empowered to make an arrest under this Act or any other law or by a warrant;

"the commencement date" means 3 November 1977, being the date on which the Arrest Act 1977 came into force;

court" means any court, other than a Village Court, and includes a judge or magistrate of any court, other than a Village Court;

"craft" means an aircraft or vessel;

"information" includes a complaint for an offence;

"officer-in-charge" in relation to a police station at a particular time, means the policeman who is in charge of the police station at that time;

"place of confinement" means a corrective institution, rural lock-up or police lock-up;

"policeman" means a member of the Police Force;

"warrant" means a warrant issued under this Act or any other law for the arrest of a person.

(2) A reference in this Act to an offence for which a penalty is imprisonment does not include an offence in respect of which a sentence of imprisonment may only be imposed in default of payment of a fine.

(3) For the purposes of this Act a person believes something on reasonable grounds if—

(a) he personally has that belief; and

(b) there are reasonable grounds for that belief.

2 Application.

Section 2(1) • amended by Arrest (Amendment) Act 2000 (No. 17 of 2000), s2(a) and (b).

Section 2(1) • repealed and replaced by Arrest (Amendment) Act 2015 (No. 17 of 2015), s(a).

(1) Notwithstanding any other law but subject to Subsections (2) and (3) and Section 24, this Act applies to and in relation to an arrest for any offence under this Act or under any other law.

Section 2(2) added by Arrest (Amendment) Act 2000 (No. 17 of 2000), s2(c).

(2) This Act does not apply to an arrest made under the Civil Aviation Act 2000.

Section 2(3) inserted by Arrest (Amendment) Act 2015 (No. 17 of 2015), s(b)

(3) This Act does not apply to immigration detention under the Migration Act (Chapter 16).

PART II.—CIRCUMSTANCES JUSTIFYING ARREST WITHOUT WARRANT.

3 Arrest without warrant by a policeman.

Section 3 amended by No. 9 of 1979, s1.

A policeman may, without warrant, arrest a person whom he believes on reasonable grounds—

(a) is about to commit; or

(b) is committing; or

(c) has committed,

an offence.

4 Arrest by a policeman for breach of bail condition.

(1) A policeman may, without warrant, arrest a person whom he has reasonable grounds to believe and does in fact believe—

(a) has breached a condition of his bail; or

(b) is about to breach a condition of his bail.

(2) A person arrested under Subsection (1) shall not be released on bail by a policeman but shall be brought before a court as soon as reasonably possible after his arrest.

5 Arrest without warrant by member of the public.

Subject to any requirements imposed by the law creating the offence, a person, other than a policeman, may, without warrant, arrest a person whom he believes on reasonable grounds—

(a) is committing; or

(b) has committed,

an offence for which the penalty is imprisonment.

6 Arrest without warrant for offence on board craft.

Notwithstanding Sections 3 and 5—

(a) where a person is committing, is about to commit or has committed; or

(b) where the person in command of a craft suspects on reasonable grounds that a person is committing, is about to commit or has committed,

an offence relating to or affecting the use of the craft, the person in command or person authorized by him may arrest that person without warrant.

7 Arrest by person executing warrant of commitment.

Where a person the subject of a warrant of commitment is not in custody at the time the warrant is to be executed, the person authorized to execute the warrant may arrest that person without a warrant.

PART III.—ARREST WARRANTS.

8 Issue of warrant by a court other than a Local Court.

Where an information is laid before a court, other than a Local Court, that there are reasonable grounds for believing—

(a) that a person has committed an offence within the country; and

(b) that it would not be practicable or desirable to proceed against the person by summons in that his arrest is necessary—

(i) to ensure his appearance in court to answer a charge for the offence; or

(ii) to prevent—

(A) the continuation or repetition of the offence; or

(B) the commission of a further offence; or

(iii) to preserve the safety or welfare of a member of the public or of the person,

the court may issue a warrant for the arrest of the person.

9 Issue of warrant by a Local Court.

Where a complaint for an offence has been issued in a Local Court the Court, if it considers it necessary, may issue a warrant for the arrest of the defendant.

10 Issue of warrant for breach of bail condition.

(1) Where proceedings have been commenced before a court, other than a Local Court, and the court is satisfied that there are reasonable grounds for believing that a person is in breach of a condition of his bail granted in connexion with those proceedings, the court may issue a warrant for the arrest of that person.

(2) A person arrested under a warrant issued under Subsection (1) shall not be granted bail by a policeman but shall be brought before a court without delay.

11 Direction of warrant.

A warrant may be directed to all or any of the following—

(a) to a named person; or

(b) to the officer for the time being in charge of police in a particular province or place; or

(c) to all members of the Police Force.

12 Form of warrant.

A warrant shall—

(a) name or otherwise describe the person against whom it is issued; and

(b) state briefly the offence or nature of the information on which it is founded; and

(c) in the case of a warrant to arrest a defendant—order the person to whom it is directed to arrest the defendant and to bring him before a court to answer to the information and to be further dealt with according to law.

13 Execution of warrants.

Where a warrant is directed to a person he may, in accordance with Part IV., and with assistants if necessary, arrest the person against whom the warrant is issued.

PART IV.—MANNER OF ARREST, ETC.

14 Manner of effecting arrest.

(1) Where an authorized person intends to make an arrest and the person to be arrested—

(a) does not resist the arrest and the authorized person is aware that they speak a common language, the authorized person shall at the time of arrest—

(i) advise the person he is under arrest; and

(ii) advise the person arrested of the reason for his arrest; and

(iii) request the person arrested to accompany him to a police station, to a court or place of confinement, as the case may be; or

(b) does not resist the arrest and the authorized person is aware or ascertains—

(i) that they do not speak a common language; or

(ii) that he is unable to speak to the person arrested because the person arrested suffers from some mental or physical defect, the authorized person shall indicate by reasonable means to the person arrested that—

(iii) he is under arrest, and

(iv) he is to accompany the...