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Factors to consider when arresting

Power of Discretion
1. Use discretion and alternative resolutions if appropriate
Prevention first strategy to focus on priority and prolific offenders
Look for re-offending prevention opportunities - referrals to partner agencies
THREAT
1. Nature / Seriousness of offence, likelihood of disposal destruction of evidence, interference with witnesses, further offending, abscond bail, environmental conditions (eg fortification)
EXPOSURE
1. Public / Police safety
NECESSITY
1. Nature/seriousness (less serious less justified), arrest necessary to stop offence, persons social/family circumstances and crim history, sufficient evidence
RESPONSE
1. Need more intel before arrest?, is prompt action required to prevent loss life/injury, are there sufficient resources available
Shouldn't arrest if person can be brought to court by summons. If offence not punishable by prison and no aggravating factors, summons a better way of commencing a prosecution
If ID an issue, don't arrest to obtain f/prints or pic alone as not a sufficient reason, consider takinf ID particulars as per s33 police act (name/add/photo)
Arrest may not be necessary for
1. Minor behaviour offences not involving violence to people/property and stops when asked
2. Language offences where only person who heard is police
DRUG offences
1. Discretion same as for other offences providing not drug dealing - primary aim is rehibilatation

Factors to consider when arresting

	Created by PhilandTracy Sayers over 9 years ago