sec.365Arrest without warrant

### sec.365 Arrest without warrant It is lawful for a police officer, without warrant, to arrest an adult the police officer reasonably suspects has committed or is committing an offence if it is reasonably necessary for 1 or more of the following reasons— to prevent the continuation or repetition of an offence or the commission of another offence; to make inquiries to establish the person’s identity; to ensure the person’s appearance before a court; to obtain or preserve evidence relating to the offence; to prevent the harassment of, or interference with, a person who may be required to give evidence relating to the offence; to prevent the fabrication of evidence; to preserve the safety or welfare of any person, including the person arrested; to prevent a person fleeing from a police officer or the location of an offence; because the offence is an offence against section 790 or 791 ; because the offence is an offence against the Domestic and Family Violence Protection Act 2012 , section 177 , 177A , 178 , 179 or 179A ; because of the nature and seriousness of the offence; because the offence is— an offence against the Corrective Services Act 2006 , section 135 (4) ; or an offence to which the Corrective Services Act 2006 , section 136 applies. Also, it is lawful for a police officer, without warrant, to arrest a person the police officer reasonably suspects has committed or is committing an indictable offence, for questioning the person about the offence, or investigating the offence, under chapter 15 . Subject to the Youth Justice Act 1992 , section 13 , it is lawful for a police officer to arrest a child without warrant if the police officer reasonably suspects the child is committing or has committed an offence. s 365 (prev s 163) amd 2000 No. 22 s 3 sch renum 2000 No. 22 s 9 amd 2002 No. 6 s 40 ; 2002 No. 39 s 163 ; 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115 , 118 ); 2003 No. 48 s 37 ; 2006 No. 29 s 510 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2012 No. 5 s 224 ; 2014 No. 9 s 40 sch 1 ; 2016 No. 38 s 69 sch 1 ; 2019 No. 23 s 48 s ch 1 pt 1 ; 2024 No. 45 s 114 ; 2024 No. 54 s 60 sch 1 ; 2024 No. 5 s 102 sch 1 div 2 ; 2025 No. 18 s 63 (sec.365-ssec.1) It is lawful for a police officer, without warrant, to arrest an adult the police officer reasonably suspects has committed or is committing an offence if it is reasonably necessary for 1 or more of the following reasons— to prevent the continuation or repetition of an offence or the commission of another offence; to make inquiries to establish the person’s identity; to ensure the person’s appearance before a court; to obtain or preserve evidence relating to the offence; to prevent the harassment of, or interference with, a person who may be required to give evidence relating to the offence; to prevent the fabrication of evidence; to preserve the safety or welfare of any person, including the person arrested; to prevent a person fleeing from a police officer or the location of an offence; because the offence is an offence against section 790 or 791 ; because the offence is an offence against the Domestic and Family Violence Protection Act 2012 , section 177 , 177A , 178 , 179 or 179A ; because of the nature and seriousness of the offence; because the offence is— an offence against the Corrective Services Act 2006 , section 135 (4) ; or an offence to which the Corrective Services Act 2006 , section 136 applies. (sec.365-ssec.2) Also, it is lawful for a police officer, without warrant, to arrest a person the police officer reasonably suspects has committed or is committing an indictable offence, for questioning the person about the offence, or investigating the offence, under chapter 15 . (sec.365-ssec.3) Subject to the Youth Justice Act 1992 , section 13 , it is lawful for a police officer to arrest a child without warrant if the police officer reasonably suspects the child is committing or has committed an offence. - (a) to prevent the continuation or repetition of an offence or the commission of another offence; - (b) to make inquiries to establish the person’s identity; - (c) to ensure the person’s appearance before a court; - (d) to obtain or preserve evidence relating to the offence; - (e) to prevent the harassment of, or interference with, a person who may be required to give evidence relating to the offence; - (f) to prevent the fabrication of evidence; - (g) to preserve the safety or welfare of any person, including the person arrested; - (h) to prevent a person fleeing from a police officer or the location of an offence; - (i) because the offence is an offence against section 790 or 791 ; - (j) because the offence is an offence against the Domestic and Family Violence Protection Act 2012 , section 177 , 177A , 178 , 179 or 179A ; - (k) because of the nature and seriousness of the offence; - (l) because the offence is— (i) an offence against the Corrective Services Act 2006 , section 135 (4) ; or (ii) an offence to which the Corrective Services Act 2006 , section 136 applies. - (i) an offence against the Corrective Services Act 2006 , section 135 (4) ; or - (ii) an offence to which the Corrective Services Act 2006 , section 136 applies. - (i) an offence against the Corrective Services Act 2006 , section 135 (4) ; or - (ii) an offence to which the Corrective Services Act 2006 , section 136 applies.