NCJ Number
146109
Date Published
1993
Length
142 pages
Annotation
The third in a three-volume report looks at police power to arrest without a warrant, police power to demand a person's name and address, and move-on power in Queensland, Australia.
Abstract
The first chapter of the third volume deals with circumstances in which police officers in Queensland can arrest a person without a warrant. Specific issues of interest are whether police officers should have a single general power to arrest without a warrant, what degree of belief or suspicion a police officer should be required to hold before exercising the power to arrest without a warrant, whether the power to arrest without a warrant should to extend to cases where the police officer suspects a person is about to commit an offense, whether statutory restrictions on the power to arrest without a warrant should exist, and whether the complaint and summons procedure should be replaced by an alternative to arrest. The second chapter examines arguments for and against granting police officers the power to demand a person's name and address in specified circumstances. Consideration is paid to whether police officers should have the power to demand the name and address of a person who may be able to assist in the investigation of an offense, whether police officers should have the power to demand name and address when serving summons and executing warrants, whether the power to demand name and address should include the power to demand verification, what consequences should result when a person refuses to provide his or her name and address or provides a false name and address, and what information police officers should be required to provide to a person when requesting the person to provide his or her name and address. The third chapter explores whether a move-on power is necessary in Queensland, with move-on power defined as the power to require persons in a public place who may not have committed an offense to leave that public place if the police officer believes the person is likely to commit a breach of the peace or an offense. This chapter discusses current law, including relevant public order offenses, and proposals for reform of the law and notes Australian jurisdictions in which a move-on power exists. Eighteen recommendations are offered by the Queensland Criminal Justice Commission that concern police power to arrest without a warrant, to demand a person's name and address, and to exercise move-on power. Supplemental information on all three report volumes is appended. References, footnotes, tables, and figures