Back to Criminal Procedure Code 2010

Section history

Section 17 — Procedure when arrestable offence is suspected

Consolidated view is experimental and may be broken for certain provisions.

Amendments
17.Procedure when arrestable offence is suspected

(1)If, from information received or otherwise, a police officer has reason to suspect that an arrestable offence has been committed at any place, the police officer must, or if he or she is unable to attend to the case, another police officer acting in his or her place must —

Paragraph (a) — Original text to 31 May 2024superseded

(a)go as soon as practicable to the place to investigate the facts and circumstances of the case; and

Paragraph (a) — From 31 May 2024 (current)rewritten by Criminal Procedure (Miscellaneous Amendments) Act 2024

(a)investigate the facts and circumstances of the case as soon as practicable; and

(b)try to find the offender and, if appropriate, arrest the offender and report the case to the Public Prosecutor.

(2)NotwithstandingDespite subsection (1) —

(a)if the police officer has reason to believe that the case is not of a serious nature, there shall beis no need to go to the place to investigate the facts and circumstances of the case; or

(b)if the police officer has reason to believe that there are insufficient grounds for proceeding with the matter, he shallor she must not do so.

(3)In each of the cases mentioned in subsection (2)(a) and (b), the police officer receiving the information shallmust state in his or her report his or her reason for not fully complying with subsection (1).