It is asked at police stations across the country every day: can they arrest me without a warrant? The answer is yes, in defined situations. Part II of the Arrest Act (Chapter 339) lists them, and because section 30 abolished all common law powers of arrest, that list — with powers given by other Acts — is where the authority must come from.
Police arrest without warrant: section 3
This is the broad power, and it is short. A policeman may, without warrant, arrest a person whom he believes on reasonable grounds:
- is about to commit an offence; or
- is committing an offence; or
- has committed an offence.
Three points matter. It covers any offence, not only serious ones. It reaches conduct that has not happened yet: a person about to commit an offence may be arrested. And everything hangs on reasonable grounds.
Section 1(3) says a person believes something on reasonable grounds only if he personally has that belief and there are reasonable grounds for that belief. Both limbs must be met. An officer who genuinely suspects but has nothing to point to fails the second limb; facts that would justify suspicion, held by an officer who never actually formed the belief, fail the first.
Breach of bail: section 4
A policeman may arrest without warrant a person he has reasonable grounds to believe, and does in fact believe, has breached a bail condition or is about to breach one. Note the doubled wording — the Act spells out both limbs of the test in this section.
There is a critical restriction in section 4(2): a person arrested for breach of bail shall not be released on bail by a policeman but must be brought before a court as soon as reasonably possible after arrest. The same principle appears in section 10(2) where the arrest is made under a warrant for breach of a bail condition — the person must be brought before a court without delay. Only a court can deal with the bail question. See our guide to bail conditions and what breaching them means.
Arrest by a member of the public: section 5
A person other than a policeman may arrest without warrant, but the power is deliberately narrower. It covers a person believed on reasonable grounds to be committing or to have committed an offence for which the penalty is imprisonment — and it is subject to any requirements imposed by the law creating the offence.
Compare that with section 3 and two differences stand out: a private citizen cannot arrest for an offence that is about to be committed, and cannot arrest for an offence that carries no term of imprisonment. Section 1(2) adds a refinement — an offence is not treated as one punishable by imprisonment merely because imprisonment may be imposed in default of paying a fine. We deal with this power in full in Can an ordinary citizen make an arrest in PNG?
Two narrower powers: sections 6 and 7
Section 6 allows the person in command of an aircraft or vessel, or someone authorised by them, to arrest without warrant where an offence relating to or affecting the use of the craft is being, is about to be, or has been committed. Section 7 allows a person authorised to execute a warrant of commitment to arrest, without a further warrant, a person who is not in custody when it falls to be executed.
When is a warrant needed?
Under section 8, where an information is laid before a court (other than a Local Court) that there are reasonable grounds to believe a person has committed an offence in the country, and that proceeding by summons would not be practicable or desirable because arrest is necessary — to ensure the person appears in court, to prevent the continuation or repetition of the offence, or to preserve the safety or welfare of the public or of the person — the court may issue a warrant.
That structure repays attention. A warrant is not a stamp on a suspicion: the court must be satisfied both that there are grounds and that a summons will not do. Section 12 then requires the warrant to name or describe the person, state briefly the offence, and order that they be arrested and brought before a court.
Must the warrant be shown to you?
Section 15 answers this, and it depends on how the warrant was directed. Where it is directed to a named person, or to the officer in charge of police in a province or place, that person shall carry it and produce it on request. Where it is directed only to all members of the Police Force, the officer must produce it on the arrested person’s request, as soon as practicable. Asking to see the warrant is a proper request, and worth making — politely.
An arrest you believe is unlawful is something a court can remedy afterwards, including in damages under section 26. Resisting creates a fresh offence and a real risk of injury. Comply, note everything, and get advice: Office of the Public Solicitor.