LEPRA outlines when a security officer can arrest..
5 June 2023 2023-06-05 5:50LEPRA outlines when a security officer can arrest..
In New South Wales, Australia, the power to arrest without a warrant is granted under various legislation, primarily the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA). Section 100 of LEPRA outlines the circumstances in which a police officer or other authorized person, such as a security guard, can make an arrest without a warrant.
According to Section 100 of LEPRA, a person may be arrested without a warrant if:
The person is committing or has just committed an offense.
The person is in the act of committing an offense.
The person has committed an offense and is escaping from custody.
The person is in possession of stolen property and the police officer or authorized person believes, on reasonable grounds, that the property is stolen.
The person has breached a court order or warrant and the police officer or authorized person believes, on reasonable grounds, that the person has committed the breach.
It’s important to note that the power to arrest without a warrant is generally reserved for law enforcement officers, such as police officers. Security guards may have limited powers of arrest as specified under the Security Industry Act 1997 and related regulations, but these powers may be more limited in scope compared to police officers. It is advisable for security guards to consult the specific legislation and regulations applicable to their role to understand their powers and responsibilities regarding arrest.