Section 316 — Crimes Act 1961: Duty of persons arresting

316 Duty of persons arresting (1) It is the duty of every one arresting any other person to inform the person he is arresting, at the time of the arrest, of the act or omission for which the person is being arrested, unless it is impracticable to do so, or unless the reason for the arrest is obvious in the circumstances. The act or omission need not be stated in technical or precise language, and may be stated in any words sufficient to give that person notice of the true reason for his arrest. (2) It is the duty of every one who arrests any other person pursuant to any process or warrant— (a) If he has the process or warrant in his possession at the time of the arrest, to produce it if required by that person to do so: (b) If he does not have the process or warrant in his possession at the time of the arrest, to show it to the arrested person as soon as practicable after the arrest, if that person so requires. (3) Where under any enactment any person other than a constable has, by virtue of his office, a power of arrest without warrant, he shall, whenever he arrests any other person pursuant to that power,— (a) If he has evidence of his appointment to that office in his possession at the time of the arrest, produce it if required by that person to do so: (b) If he does not have evidence of his appointment in his possession at the time of the arrest, show it to the arrested person as soon as practicable after the arrest, if that person so requires. (4) A failure to fulfil any of the duties mentioned in the foregoing provisions of this section shall not of itself deprive the person arresting, or his assistants, of protection from criminal responsibility, but shall be relevant to the inquiry whether the arrest might not have been effected, or the process or warrant executed, by reasonable means in a less violent manner. (5) Every person who is arrested on a charge of any offence shall be brought before a Court, as soon as possible, to be dealt with according to law. (6) Nothing in this section shall limit or affect the express provisions of any enactment whereby— (a) The burden of proving the absence of reasonable or probable cause, or the absence of justification, for any arrest is on any person: (b) Any person having, by virtue of his office, a power of arrest without warrant is entitled, in any specified circumstances, to exercise that power without the production of evidence of his appointment to that office, or is required, in exercising the power, to comply with any specified conditions or restrictions in addition to or instead of producing evidence of his appointment. Compare: 1908 No 32 s 61