sec.13Police officer’s power of arrest preserved in particular general circumstances

### sec.13 Police officer’s power of arrest preserved in particular general circumstances A police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000 , section 365 (3) , without a warrant, to arrest a child for an offence without regard to sections 11 and 12 only if the police officer believes on reasonable grounds— the arrest is necessary— to prevent a continuation or a repetition of the offence or the commission of another offence; or to obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or to prevent the fabrication of evidence; or to ensure the child’s appearance before a court; or the child is an adult; or the child is contravening section 278 or is unlawfully at large. In deciding for subsection (1) (b) whether the police officer had reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the arrest. Also, a police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000 , section 365 (2) , without a warrant, to arrest a child without regard to sections 11 and 12 . Also, a police officer may use the police officer’s power of arrest under a warrant issued under the Bail Act 1980 without regard to sections 11 and 12 . To remove any doubt, it is declared that this section does not affect a police officer’s power under the Police Powers and Responsibilities Act 2000 , section 365 (3) , to arrest a child without warrant for a serious offence. s 13 reloc 1996 No. 22 s 3 sch 1 sub 2002 No. 39 s 7 (amd 2003 No. 37 s 82 ) amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2009 No. 34 s 45 (3) sch pt 3 amdt 38; 2014 No. 9 s 3 ; 2016 No. 38 s 4 ; 2019 No. 23 s 48 s ch 1 pt 1 ; 2024 No. 45 s 116 ; 2024 No. 54 s 10 (sec.13-ssec.1) A police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000 , section 365 (3) , without a warrant, to arrest a child for an offence without regard to sections 11 and 12 only if the police officer believes on reasonable grounds— the arrest is necessary— to prevent a continuation or a repetition of the offence or the commission of another offence; or to obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or to prevent the fabrication of evidence; or to ensure the child’s appearance before a court; or the child is an adult; or the child is contravening section 278 or is unlawfully at large. (sec.13-ssec.2) In deciding for subsection (1) (b) whether the police officer had reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the arrest. (sec.13-ssec.3) Also, a police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000 , section 365 (2) , without a warrant, to arrest a child without regard to sections 11 and 12 . (sec.13-ssec.4) Also, a police officer may use the police officer’s power of arrest under a warrant issued under the Bail Act 1980 without regard to sections 11 and 12 . (sec.13-ssec.5) To remove any doubt, it is declared that this section does not affect a police officer’s power under the Police Powers and Responsibilities Act 2000 , section 365 (3) , to arrest a child without warrant for a serious offence. - (a) the arrest is necessary— (i) to prevent a continuation or a repetition of the offence or the commission of another offence; or (ii) to obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or (iii) to prevent the fabrication of evidence; or (iv) to ensure the child’s appearance before a court; or - (i) to prevent a continuation or a repetition of the offence or the commission of another offence; or - (ii) to obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or - (iii) to prevent the fabrication of evidence; or - (iv) to ensure the child’s appearance before a court; or - (b) the child is an adult; or - (c) the child is contravening section 278 or is unlawfully at large. - (i) to prevent a continuation or a repetition of the offence or the commission of another offence; or - (ii) to obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or - (iii) to prevent the fabrication of evidence; or - (iv) to ensure the child’s appearance before a court; or