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本帖最后由 kanegu86 于 2018-1-1 14:23 编辑
yanhuaandemma 发表于 2018-1-1 14:05
楼上那位说Citizen's arrest不违法?
请您给个法律文件给大家看看.......
Section 35 & 36, Crimes Act 1961
Every person is justified in arresting without warrant:
Any person found committing any offence against this Act which the maximum punishment is not less than 3 years' imprisonment; or
Any person found at night (9pm till 6am) committing any offence against this Act.
Other situations where members of the public are protected from criminal responsibility when involved in arresting where:
They have been asked by a police officer to help arrest any person believed or suspected to have committed any offence unless they know that there is no reasonable ground for the belief or suspicion.
They witness a breach of the peace, and therefore are justified in interfering to prevent its continuance or renewal, and may detain any person committing it, in order to hand them over to a Police Officer provided that the person interfering does not use more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace, or than is reasonably proportionate to the danger to be apprehended from its continuance or renewal. Similar legislation applies to suppressions of riots by members of the public.
They believe, on reasonable and probable grounds, someone has committed an offence against the Crimes Act 1961 and is fleeing and is being pursued by any one they believe can arrest that person for the offence (such as a police officer). This applies whether or not the offence has in fact been committed, and whether or not the arrested person committed it.
In all cases a person making a citizens arrest must hand over the suspect to a police officer at the earliest possible time.
要求很specific,所以不推荐大家做citizen's arrest。 |
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