NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
105Arrest may be discontinued
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#### 105 Arrest may be discontinued
105 Arrest may be discontinued
> > (1) A police officer may discontinue an arrest at any time.
>
> > (2) Without limiting subsection (1), a police officer may discontinue an arrest in any of the following circumstances—
> >
> > > (a) if the arrested person is no longer a suspect or the reason for the arrest no longer exists for any other reason,
> >
> > > (b) if it is more appropriate to deal with the matter in some other manner, including, for example, by issuing a warning or caution or a penalty notice or court attendance notice or, in the case of a child, dealing with the matter under the [Young Offenders Act 1997](/view/html/inforce/current/act-1997-054).
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> > (3) A police officer may discontinue an arrest despite any obligation under this Part to take the arrested person before an authorised officer to be dealt with according to law.
>
> **s 105:** Am 2013 No 98, Sch 1 \[2\].