sec.377Additional case when arrest of adult may be discontinued

### sec.377 Additional case when arrest of adult may be discontinued This section applies to an arrested person who is an adult. It is the duty of a police officer to release the person at the earliest reasonable opportunity if— the reason for arresting the person no longer exists or is unlikely to happen again if the person is released; and either— if the person is arrested for an offence that is an infringement notice offence—it is more appropriate to serve an infringement notice on the person for the offence and the infringement notice has been served on the person; or it is more appropriate to take the person before a court by notice to appear or summons and the notice to appear or summons has been served on the person. Subsection (2) does not apply to an adult who is arrested— to prevent the person fleeing from a police officer or the location of an offence; or if, because of the nature or seriousness of an offence for which the person is a suspect, it is inappropriate to release the person. Also, a police officer must release the person at the earliest reasonable opportunity if— the police officer reasonably considers it is more appropriate for the arrested person to be dealt with other than by charging the person with an offence; and the person and any victim of the offence agree to the person being dealt with in that way. A person arrested for a minor assault involving pushing a person during a heated argument with a neighbour may agree to attend alternative dispute resolution. A person may be released under a scheme developed by the commissioner for cautioning elderly first offenders. s 377 (prev s 174) renum 2000 No. 22 s 9 amd 2005 No. 17 s 9 ; 2006 No. 26 s 3 sch 1 ; 2008 No. 65 s 6 (sec.377-ssec.1) This section applies to an arrested person who is an adult. (sec.377-ssec.2) It is the duty of a police officer to release the person at the earliest reasonable opportunity if— the reason for arresting the person no longer exists or is unlikely to happen again if the person is released; and either— if the person is arrested for an offence that is an infringement notice offence—it is more appropriate to serve an infringement notice on the person for the offence and the infringement notice has been served on the person; or it is more appropriate to take the person before a court by notice to appear or summons and the notice to appear or summons has been served on the person. (sec.377-ssec.3) Subsection (2) does not apply to an adult who is arrested— to prevent the person fleeing from a police officer or the location of an offence; or if, because of the nature or seriousness of an offence for which the person is a suspect, it is inappropriate to release the person. (sec.377-ssec.4) Also, a police officer must release the person at the earliest reasonable opportunity if— the police officer reasonably considers it is more appropriate for the arrested person to be dealt with other than by charging the person with an offence; and the person and any victim of the offence agree to the person being dealt with in that way. A person arrested for a minor assault involving pushing a person during a heated argument with a neighbour may agree to attend alternative dispute resolution. A person may be released under a scheme developed by the commissioner for cautioning elderly first offenders. - (a) the reason for arresting the person no longer exists or is unlikely to happen again if the person is released; and - (b) either— (i) if the person is arrested for an offence that is an infringement notice offence—it is more appropriate to serve an infringement notice on the person for the offence and the infringement notice has been served on the person; or (ii) it is more appropriate to take the person before a court by notice to appear or summons and the notice to appear or summons has been served on the person. - (i) if the person is arrested for an offence that is an infringement notice offence—it is more appropriate to serve an infringement notice on the person for the offence and the infringement notice has been served on the person; or - (ii) it is more appropriate to take the person before a court by notice to appear or summons and the notice to appear or summons has been served on the person. - (i) if the person is arrested for an offence that is an infringement notice offence—it is more appropriate to serve an infringement notice on the person for the offence and the infringement notice has been served on the person; or - (ii) it is more appropriate to take the person before a court by notice to appear or summons and the notice to appear or summons has been served on the person. - (a) to prevent the person fleeing from a police officer or the location of an offence; or - (b) if, because of the nature or seriousness of an offence for which the person is a suspect, it is inappropriate to release the person. - (a) the police officer reasonably considers it is more appropriate for the arrested person to be dealt with other than by charging the person with an offence; and - (b) the person and any victim of the offence agree to the person being dealt with in that way. - 1 A person arrested for a minor assault involving pushing a person during a heated argument with a neighbour may agree to attend alternative dispute resolution. - 2 A person may be released under a scheme developed by the commissioner for cautioning elderly first offenders.