Under the Criminal Investigation Act 2006 (WA), police officers in Western Australia are granted specific powers to arrest individuals. These powers are outlined primarily in Part 12 — Arrest and related matters, and are summarised as follows:
1. Arrest Without a Warrant (Section 128)
Police officers may arrest a person without a warrant under the following circumstances:
(a) For Serious Offences (Section 128(2)):
- A police officer may arrest a person if they reasonably suspect that the person has committed, is committing, or is about to commit a serious offence.
- A “serious offence” is defined in Section 128(1) and includes:
- Offences with a statutory penalty of imprisonment for 5 years or more or life.
- Specific offences under the Restraining Orders Act 1997, Bail Act 1982, and other legislation listed in Section 128(1).
(b) For Other Offences (Section 128(3)):
- A police officer may arrest a person for an offence that is not a serious offence if they reasonably suspect that the person has committed, is committing, or is about to commit the offence, and:
- It will not be possible to obtain and verify the person’s name and personal details.
- The person will continue or repeat the offence.
- The person will commit another offence.
- The person will endanger another person’s safety or property.
- The person will interfere with witnesses or obstruct justice.
- The person will conceal or disturb evidence relevant to the offence.
- The person’s safety will be endangered.
2. Arrest With a Warrant (Section 144)
- Police officers may arrest a person under the authority of an arrest warrant issued under this Act or another written law.
- If a police officer reasonably suspects that a warrant has been issued for a person’s arrest, they may arrest the person even if they do not have the warrant in their possession at the time of arrest (Section 144(1)).
Can police enter private property without a warrant to arrest someone?
- Police officers may enter and search a place or vehicle where they reasonably suspect an arrestable person is located.
- If the place is a building with multiple dwellings, the officer may only search:
- Common areas used by all occupiers.
- Individual dwellings where the officer reasonably suspects the person is present.
- Police may enter and search any place where they reasonably suspect an escapee has been or is likely to go.
Can police search private property where a suspect is arrested without a warrant?
- If a person is under arrest for a serious offence, police may search:
- The place where the person was arrested or fled from immediately before arrest.
- Any vehicle the person was in or controlled.
- Any place the person occupies, controls, or manages (with written approval from a senior officer).
What are the rights of an arrested person?
Under the Criminal Investigation Act 2006 (WA), the rights of an arrested person in Western Australia are outlined in Sections 137 and 138. These rights apply to all arrested individuals, with additional rights provided to those arrested as suspects of an offence.
1. General Rights of Arrested Persons (Section 137)
These rights apply to any person who has been arrested, regardless of the authority or written law under which the arrest was made. The arrested person is entitled to:
- Medical Treatment: Access to any necessary medical treatment.
- Privacy from the Media: A reasonable degree of privacy from the mass media.
- Communication with Relatives or Friends: A reasonable opportunity to communicate or attempt to communicate with a relative or friend to inform them of their whereabouts.
- Interpreter Assistance: If the person cannot understand or communicate in spoken English sufficiently, they are entitled to assistance from an interpreter or other qualified person.
2. Additional Rights of Arrested Suspects (Section 138)
These rights apply specifically to individuals arrested on suspicion of having committed an offence. In addition to the general rights under Section 137, arrested suspects are entitled to:
- Information About the Arrest:
- To be informed of the offence for which they have been arrested.
- To be informed of any other offences they are suspected of having committed.
- Caution Before Interview:
- To be cautioned before being interviewed as a suspect.
- Communication with a Legal Practitioner:
- A reasonable opportunity to communicate or attempt to communicate with a legal practitioner.
- Interpreter Assistance:
- If the suspect cannot understand or communicate in spoken English sufficiently, they must not be interviewed until the services of an interpreter or other qualified person are available.
Does an arrested person have a right to a phone call in Western Australia?
As noted above, an arrested suspect must be given a reasonable opportunity to communicate or attempt to communicate with a legal practitioner. An arrested person in Western Australia also has the right to communicate with a relative or friend to inform them of their whereabouts. However, this right may be withheld in certain situations.
An officer may refuse an arrested suspect their right to communicate with a person if the officer reasonably suspects that such communication would result in:
- An accomplice taking steps to avoid being charged.
- Evidence being concealed, disturbed, or fabricated.
- A person’s safety being endangered.
