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VIC Crimes Act - What Constitutes as an Arrest?

Discussion in 'Criminal Law Forum' started by Geoffrey Crook, 15 October 2016.

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  1. Geoffrey Crook

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    Hi,

    I am looking for some form of definition as to when an arrest has actually been made. I am currently working in the security sector and have been informed of various methods of arrest and when arrest occurs.

    Example; I have been told that for an arrest to be made, I need to make physical contact with the person and inform the person. I have also been told that simply informing the person they are being placed under arrest is sufficient (no physical contact needs to be made).

    Add to this, I have also been told that once a person feels that some type of force may be used against them, if they don't comply, that also constitutes arrest as the person would not be able to leave/walk away unhindered.

    Three varied approaches but which is correct?

    I cannot locate anything in either the Victorian or Commonwealth Crimes Act which gives any sort of clarity on this.
     
  2. Rod

    Rod Well-Known Member

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    Arrest can be any of:
    • making physical contact with the person and informing the person they are under arrest and why.
    • subjecting the person to your will and informing the person they are under arrest and why.
    You cannot use any more force than is reasonably necessary to make the arrest. You must also not cause death or serious harm unless protecting a life or someone from serious harm.

    Just saying to someone they are under arrest is not sufficient. Get this wrong and you can be committing false imprisonment, wrongful arrest, assault, battery and be sued civilly.

    This information should have been included in your security training.
     

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