3WPower of arrest without warrant by constables

3W  Power of arrest without warrant by constables  (1) A constable may, without warrant, arrest a person for an offence (other than a terrorism offence and an offence against section 80.2C of the Criminal Code) if the constable believes on reasonable grounds that:  (a) the person has committed or is committing the offence; and  (b) proceedings by summons against the person would not achieve one or more of the following purposes:  (i) ensuring the appearance of the person before a court in respect of the offence;  (ii) preventing a repetition or continuation of the offence or the commission of another offence;  (iii) preventing the concealment, loss or destruction of evidence relating to the offence;  (iv) preventing harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence;  (v) preventing the fabrication of evidence in respect of the offence;  (vi) preserving the safety or welfare of the person.  (a) a person has been arrested for an offence under subsection (1); and  (b) before the person is charged with the offence, the constable in charge of the investigation ceases to believe on reasonable grounds:  (i) that the person committed the offence; or  (ii) that holding the person in custody is necessary to achieve a purpose referred to in paragraph (1)(b); the person must be released.  (3) A constable may, without warrant, arrest a person whom he or she believes on reasonable grounds has escaped from lawful custody to which the person is still liable in respect of an offence. 3WA  Constables’ power of arrest without warrant for a terrorism offence or offence of advocating terrorism  (1) A constable may, without warrant, arrest a person for a terrorism offence or an offence against section 80.2C of the Criminal Code if the constable suspects on reasonable grounds that:  (a) the person has committed or is committing the offence; and  (b) proceedings by summons against the person would not achieve one or more of the following purposes:  (i) ensuring the appearance of the person before a court in respect of the offence;  (ii) preventing a repetition or continuation of the offence or the commission of another offence;  (iii) preventing the concealment, loss or destruction of evidence relating to the offence;  (iv) preventing harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence;  (v) preventing the fabrication of evidence in respect of the offence;  (vi) preserving the safety or welfare of the person.  (a) a person has been arrested for an offence under subsection (1); and  (b) before the person is charged with the offence, the constable in charge of the investigation ceases to suspect on reasonable grounds:  (i) that the person committed the offence; or  (ii) that holding the person in custody is necessary to achieve a purpose referred to in paragraph (1)(b); the person must be released.