Animal Management (Cats and Dogs) Act 2008
sec.138Authorised person may ask police officer for help in exercising particular powers
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sec.138 Authorised person may ask police officer for help in exercising particular powers
For exercising a power under section 111 (1) (g) , 112 , 123 or 125 (each the relevant provision ), an authorised person is declared to be a public official for the Police Powers and Responsibilities Act 2000 . For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 . If asked by an authorised person, a police officer may exercise the power under the relevant provision— with the help that is reasonable in the circumstances; and using the force that is reasonable in the circumstances; and as soon as reasonably practicable ensure reasonable help is given. For giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000 , section 16 (3) . In exercising a power under the relevant provision, the authorised person must, to the extent that it is reasonable and practicable in the circumstances, explain to the police officer— the powers the authorised person has under the relevant provision; and the reasons for exercising the powers. Failure to comply with subsection (4) does not affect the validity of the exercise of the power. s 138 amd 2024 No. 17 s 192 sch 1 pt 2 (sec.138-ssec.1) For exercising a power under section 111 (1) (g) , 112 , 123 or 125 (each the relevant provision ), an authorised person is declared to be a public official for the Police Powers and Responsibilities Act 2000 . For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 . (sec.138-ssec.2) If asked by an authorised person, a police officer may exercise the power under the relevant provision— with the help that is reasonable in the circumstances; and using the force that is reasonable in the circumstances; and as soon as reasonably practicable ensure reasonable help is given. (sec.138-ssec.3) For giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000 , section 16 (3) . (sec.138-ssec.4) In exercising a power under the relevant provision, the authorised person must, to the extent that it is reasonable and practicable in the circumstances, explain to the police officer— the powers the authorised person has under the relevant provision; and the reasons for exercising the powers. (sec.138-ssec.5) Failure to comply with subsection (4) does not affect the validity of the exercise of the power.
- (a) with the help that is reasonable in the circumstances; and
- (b) using the force that is reasonable in the circumstances; and
- (c) as soon as reasonably practicable ensure reasonable help is given.
- (a) the powers the authorised person has under the relevant provision; and