Women’s Charter 1961 · s 64E

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—(1) An enforcement officer may arrest, without warrant, a person whom the enforcement officer reasonably believes is committing or has committed a family violence offence.(2) If the enforcement officer reasonably believes that the person is inside a place, the enforcement officer may enter the place to arrest the person.(3) In arresting the person, the enforcement officer —(a)must touch or confine the body of the person unless the person submits to arrest by word or action;(b)may, if the person forcibly resists or tries to evade arrest, use all reasonable means to make the arrest;(c)may use handcuffs or any other similar means of restraint on the person to prevent the person from —(i)inflicting bodily injury to himself or herself, or others;(ii)damaging any property;(iii)creating any disturbance; or(iv)escaping from custody; and(d)must not restrain the person more than is necessary.(4) After the person is arrested —(a)the person must as soon as reasonably practicable be brought to a police station;(b)the person may, if required by a police officer or an enforcement officer, be released on bail or on the person’s own bond (with or without surety) to appear before a Magistrate;(c)subject to paragraph (d), the person must not be detained for a longer period than is reasonable under all the circumstances of the case; and(d)the person must, unless earlier released, be brought before a Magistrate’s Court within 48 hours of the arrest (excluding the time needed for the journey to the Magistrate’s Court).(5) A person who appears or is brought before a Magistrate’s Court under subsection (4) may —(a)be ordered to be detained in custody until he or she can be tried; or(b)if required by the Magistrate, be released on bail, or on the person’s own bond (with or without surety), to appear before a Magistrate’s Court.
An enforcement officer may arrest, without warrant, a person whom the enforcement officer reasonably believes is committing or has committed a family violence offence.
If the enforcement officer reasonably believes that the person is inside a place, the enforcement officer may enter the place to arrest the person.
In arresting the person, the enforcement officer —(a)must touch or confine the body of the person unless the person submits to arrest by word or action;(b)may, if the person forcibly resists or tries to evade arrest, use all reasonable means to make the arrest;(c)may use handcuffs or any other similar means of restraint on the person to prevent the person from —(i)inflicting bodily injury to himself or herself, or others;(ii)damaging any property;(iii)creating any disturbance; or(iv)escaping from custody; and(d)must not restrain the person more than is necessary.
After the person is arrested —(a)the person must as soon as reasonably practicable be brought to a police station;(b)the person may, if required by a police officer or an enforcement officer, be released on bail or on the person’s own bond (with or without surety) to appear before a Magistrate;(c)subject to paragraph (d), the person must not be detained for a longer period than is reasonable under all the circumstances of the case; and(d)the person must, unless earlier released, be brought before a Magistrate’s Court within 48 hours of the arrest (excluding the time needed for the journey to the Magistrate’s Court).
A person who appears or is brought before a Magistrate’s Court under subsection (4) may —(a)be ordered to be detained in custody until he or she can be tried; or(b)if required by the Magistrate, be released on bail, or on the person’s own bond (with or without surety), to appear before a Magistrate’s Court.

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s 64EPower to arrest without warrant

(1)

An enforcement officer may arrest, without warrant, a person whom the enforcement officer reasonably believes is committing or has committed a family violence offence.

(2)

If the enforcement officer reasonably believes that the person is inside a place, the enforcement officer may enter the place to arrest the person.

(3)

In arresting the person, the enforcement officer —

(a)

must touch or confine the body of the person unless the person submits to arrest by word or action;

(b)

may, if the person forcibly resists or tries to evade arrest, use all reasonable means to make the arrest;

(c)

may use handcuffs or any other similar means of restraint on the person to prevent the person from —

(i)

inflicting bodily injury to himself or herself, or others;

(ii)

damaging any property;

(iii)

creating any disturbance; or

(iv)

escaping from custody; and

(d)

must not restrain the person more than is necessary.

(4)

After the person is arrested —

(a)

the person must as soon as reasonably practicable be brought to a police station;

(b)

the person may, if required by a police officer or an enforcement officer, be released on bail or on the person’s own bond (with or without surety) to appear before a Magistrate;

(c)

subject to paragraph (d), the person must not be detained for a longer period than is reasonable under all the circumstances of the case; and

(d)

the person must, unless earlier released, be brought before a Magistrate’s Court within 48 hours of the arrest (excluding the time needed for the journey to the Magistrate’s Court).

(5)

A person who appears or is brought before a Magistrate’s Court under subsection (4) may —

(a)

be ordered to be detained in custody until he or she can be tried; or

(b)

if required by the Magistrate, be released on bail, or on the person’s own bond (with or without surety), to appear before a Magistrate’s Court.