sec.634Safeguards for declared offences under Summary Offences Act 2005

### sec.634 Safeguards for declared offences under Summary Offences Act 2005 This section applies to an offence under the Summary Offences Act 2005 that is a declared offence for this Act. A police officer who suspects a person has committed a declared offence must, if reasonably practicable, give the person a reasonable opportunity to explain— if the offence involves the person’s presence at a place—why the person was at the place; or if the offence involves entering a place—why the person entered the place; or if the offence involves any of the following, why the person did the relevant thing— parachuting or hang-gliding onto a building or structure; BASE-jumping or hang-gliding from a building or structure; climbing up or down the outside of a building or a structure; abseiling from a building or structure; or if the offence involves possession of a graffiti instrument or an implement—why the person was in possession of the graffiti instrument or implement at the relevant time; or if the offence involves possession of a thing that is reasonably suspected of having been stolen or unlawfully obtained—how the person came to have possession of the thing. If— the person fails to give an explanation; or the police officer considers the explanation given is not a reasonable explanation; or because of the person’s conduct, it is not reasonably practicable to give the person a reasonable opportunity to give an explanation; It may not be reasonably practicable to give the person a reasonable opportunity to give an explanation because of the person’s conduct, for example, the person may be struggling or speaking loudly without stopping. the police officer may start a proceeding against the person for the declared offence. In this section— declared offence means an offence against section 11 , 12 , 13 (1) , 14 , 15 , 16 or 17 of the Summary Offences Act 2005 . s 634 ins 2005 No. 4 s 30 sch 1 (sec.634-ssec.1) This section applies to an offence under the Summary Offences Act 2005 that is a declared offence for this Act. (sec.634-ssec.2) A police officer who suspects a person has committed a declared offence must, if reasonably practicable, give the person a reasonable opportunity to explain— if the offence involves the person’s presence at a place—why the person was at the place; or if the offence involves entering a place—why the person entered the place; or if the offence involves any of the following, why the person did the relevant thing— parachuting or hang-gliding onto a building or structure; BASE-jumping or hang-gliding from a building or structure; climbing up or down the outside of a building or a structure; abseiling from a building or structure; or if the offence involves possession of a graffiti instrument or an implement—why the person was in possession of the graffiti instrument or implement at the relevant time; or if the offence involves possession of a thing that is reasonably suspected of having been stolen or unlawfully obtained—how the person came to have possession of the thing. (sec.634-ssec.3) If— the person fails to give an explanation; or the police officer considers the explanation given is not a reasonable explanation; or because of the person’s conduct, it is not reasonably practicable to give the person a reasonable opportunity to give an explanation; It may not be reasonably practicable to give the person a reasonable opportunity to give an explanation because of the person’s conduct, for example, the person may be struggling or speaking loudly without stopping. the police officer may start a proceeding against the person for the declared offence. (sec.634-ssec.4) In this section— declared offence means an offence against section 11 , 12 , 13 (1) , 14 , 15 , 16 or 17 of the Summary Offences Act 2005 . - (a) if the offence involves the person’s presence at a place—why the person was at the place; or - (b) if the offence involves entering a place—why the person entered the place; or - (c) if the offence involves any of the following, why the person did the relevant thing— (i) parachuting or hang-gliding onto a building or structure; (ii) BASE-jumping or hang-gliding from a building or structure; (iii) climbing up or down the outside of a building or a structure; (iv) abseiling from a building or structure; or - (i) parachuting or hang-gliding onto a building or structure; - (ii) BASE-jumping or hang-gliding from a building or structure; - (iii) climbing up or down the outside of a building or a structure; - (iv) abseiling from a building or structure; or - (d) if the offence involves possession of a graffiti instrument or an implement—why the person was in possession of the graffiti instrument or implement at the relevant time; or - (e) if the offence involves possession of a thing that is reasonably suspected of having been stolen or unlawfully obtained—how the person came to have possession of the thing. - (i) parachuting or hang-gliding onto a building or structure; - (ii) BASE-jumping or hang-gliding from a building or structure; - (iii) climbing up or down the outside of a building or a structure; - (iv) abseiling from a building or structure; or - (a) the person fails to give an explanation; or - (b) the police officer considers the explanation given is not a reasonable explanation; or - (c) because of the person’s conduct, it is not reasonably practicable to give the person a reasonable opportunity to give an explanation; Example for paragraph (c) — It may not be reasonably practicable to give the person a reasonable opportunity to give an explanation because of the person’s conduct, for example, the person may be struggling or speaking loudly without stopping.