5Powers of arrest, &c.

### 5 Powers of arrest, &c. > > (1)  [*\[Section 5 Subsection (1) amended by No. 38 of 2017, s. 8, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS8@Hpa@EN) [*\[Section 5 Subsection (1) substituted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC2@Hpf@EN) If a police officer has reasonable grounds to suspect that a person has committed an offence against [section 4](#GS4@EN) , [14(1B)](#GS14@Gs1B@EN) or [19A(1)](#GS19A@Gs1@EN) , the police officer may exercise either or both of the following powers: > > > > > > (a) arrest the person without warrant; > > > > > > > (b) impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping. > > > (1AA)  *\[Section 5 Subsection (1AA) inserted by No. 44 of 1991, s. 5 \]*A police officer may – > > > > > > (a) arrest without warrant a person who, without reasonable excuse, fails or refuses to comply with a requirement or direction, as the case may be, made to that person by the police officer under [section 10](#GS10@EN) [(4)](#GS10@Gs4@EN) or [10A](#GS10A@EN) [(1)](#GS10A@Gs1@EN) ; and > > > > > > > (b) [*\[Section 5 Subsection (1AA) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC3@Hpa@EN) impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping. > > > (1AB)  [*\[Section 5 Subsection (1AB) inserted by No. 38 of 2017, s. 8, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS8@Hpb@EN) A police officer may use reasonable force when arresting a person in accordance with this section. > > > (1A)  [*\[Section 5 Subsection (1A) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC3@Hpb@EN) *\[Section 5 Subsection (1A) inserted by No. 18 of 1974, s. 3 \]*Where a police officer has, as a result of a breath analysis, reasonable grounds for believing that a person has committed an offence against [section 6](#GS6@EN) he may arrest that person without warrant, and may impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping. > > > (1B)  *\[Section 5 Subsection (1B) substituted by No. 94 of 1975, s. 4 \]*[*\[Section 5 Subsection (1B) substituted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC3@Hpc@EN) A person entitled to possession of an impounded vehicle may collect the vehicle, or have it collected, from the place to which it has been removed for safe-keeping on payment of the reasonable cost of impounding and removing the vehicle and of its safe-keeping. > > > (2)  *\[Section 5 Subsection (2) amended by No. 46 of 1991, s. 4 and Sched. 2 \]*[*\[Section 5 Subsection (2) substituted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC3@Hpc@EN) Upon the hearing of any proceedings against a person who has been arrested under this section in respect of the circumstances occasioning the arrest, a court may order the person to pay the reasonable cost of impounding and removing the vehicle and of its safe-keeping. > > > (3)  Nothing in this section prejudices or affects the operation of [section 41A of the](/view/html/inforce/2026-04-12/act-1925-038#GS41A@EN) [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) . > > > (4)  [*\[Section 5 Subsection (4) inserted by No. 9 of 2008, s. 5, Applied:04 Jun 2008\]*](/view/html/inforce/2008-06-04/act-2008-009#GS5@EN) A police officer may, for the purpose of performing any function or exercising any power under this Act, enter a motor vehicle using such force as is necessary and reasonable.