CRIMES ACT 1914 SECT 3W

(1)

A constable may, without warrant, arrest a person for an offence if the constable believes on reasonable grounds that:

(a)

the person has committed or is committing the offence; and

(b)

proceedings by summons against the person would not achieve one or more of the following purposes:

(i)

ensuring the appearance of the person before a court in respect of the offence;

(ii)

preventing a repetition or continuation of the offence or the commission of another offence;

(iii)

preventing the concealment, loss or destruction of evidence relating to the offence;

(iv)

preventing harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence;

(v)

preventing the fabrication of evidence in respect of the offence;

(vi)

preserving the safety or welfare of the person.

(2)

If:

(a)

a person has been arrested for an offence under subsection (1); and

(b)

before the person is charged with the offence, the constable in charge of the investigation ceases to believe on reasonable grounds:

(i)

that the person committed the offence; or

(ii)

that holding the person in custody is necessary to achieve a purpose referred to in paragraph (1)(b);

the person must be released.

(3)

A constable may, without warrant, arrest a person whom he or she believes on reasonable grounds has escaped from lawful custody to which the person is still liable in respect of an offence.