sec.365AArrest without warrant upon instruction of another police officer

### sec.365A Arrest without warrant upon instruction of another police officer It is lawful for a police officer (the arresting officer ), without warrant, to arrest a person if instructed to do so by another police officer (the instructing officer ). However, subsection (1) does not apply unless— the instructing officer reasonably suspects the person has committed or is committing an offence; and the arrest of the person is reasonably necessary for 1 or more of the reasons mentioned in section 365 (1) or the reason mentioned in section 365 (2) ; and if the person is a child—it is lawful for the instructing officer to arrest the child under section 365 (3) ; and it is not practicable for the instructing officer to personally arrest the person; and it is not practicable, because of an emergency situation or other particular circumstances, for the arresting officer to personally form the suspicion mentioned in section 365 (1) , (2) or (3) and to lawfully arrest the person under section 365 (1) , (2) or (3) . If a person is arrested under subsection (1) , the instructing officer must— make a record of the instruction and the reasons under subsection (2) for giving the instruction; and take reasonable steps to give a copy of the record to the arresting officer. Also, the instructing officer must inform the arresting officer at the earliest reasonable opportunity if the instructing officer stops holding the suspicion mentioned in subsection (2) (a) . A failure to give a copy of the record mentioned in subsection (3) (b) to the arresting officer does not affect the lawfulness of the arrest. In this section— emergency situation see the Public Safety Preservation Act 1986 , schedule . s 365A ins 2016 No. 48 s 10 (sec.365A-ssec.1) It is lawful for a police officer (the arresting officer ), without warrant, to arrest a person if instructed to do so by another police officer (the instructing officer ). (sec.365A-ssec.2) However, subsection (1) does not apply unless— the instructing officer reasonably suspects the person has committed or is committing an offence; and the arrest of the person is reasonably necessary for 1 or more of the reasons mentioned in section 365 (1) or the reason mentioned in section 365 (2) ; and if the person is a child—it is lawful for the instructing officer to arrest the child under section 365 (3) ; and it is not practicable for the instructing officer to personally arrest the person; and it is not practicable, because of an emergency situation or other particular circumstances, for the arresting officer to personally form the suspicion mentioned in section 365 (1) , (2) or (3) and to lawfully arrest the person under section 365 (1) , (2) or (3) . (sec.365A-ssec.3) If a person is arrested under subsection (1) , the instructing officer must— make a record of the instruction and the reasons under subsection (2) for giving the instruction; and take reasonable steps to give a copy of the record to the arresting officer. (sec.365A-ssec.4) Also, the instructing officer must inform the arresting officer at the earliest reasonable opportunity if the instructing officer stops holding the suspicion mentioned in subsection (2) (a) . (sec.365A-ssec.5) A failure to give a copy of the record mentioned in subsection (3) (b) to the arresting officer does not affect the lawfulness of the arrest. (sec.365A-ssec.6) In this section— emergency situation see the Public Safety Preservation Act 1986 , schedule . - (a) the instructing officer reasonably suspects the person has committed or is committing an offence; and - (b) the arrest of the person is reasonably necessary for 1 or more of the reasons mentioned in section 365 (1) or the reason mentioned in section 365 (2) ; and - (c) if the person is a child—it is lawful for the instructing officer to arrest the child under section 365 (3) ; and - (d) it is not practicable for the instructing officer to personally arrest the person; and - (e) it is not practicable, because of an emergency situation or other particular circumstances, for the arresting officer to personally form the suspicion mentioned in section 365 (1) , (2) or (3) and to lawfully arrest the person under section 365 (1) , (2) or (3) . - (a) make a record of the instruction and the reasons under subsection (2) for giving the instruction; and - (b) take reasonable steps to give a copy of the record to the arresting officer.