An arrest is where a person is detained by another and is not free to leave.

The police may arrest someone with or without a warrant. Most arrests are made without a warrant. Alternatively, the police may issue a summons for a person to appear in court rather than arrest them.

Arrest with a warrant

A warrant for a person's arrest is a written authority from a magistrate or judge for the arrest of a named person. It authorises all police officers to arrest the person named whenever that person is found. It can be issued for an offence or for failing to attend court at a nominated time.

A person arrested on a warrant is taken into custody and must be brought before a court, unless the warrant indicates that bail can be granted by the police [Criminal Procedure Act 1921 (SA) s 20, Bail Act 1985 (SA) s 5(2)].

Arrest without a warrant

Under the Summary Offences Act 1953 (SA), the police may arrest someone without a warrant who:

Other South Australian laws also give police the power to arrest someone without a warrant who:

Under Commonwealth laws, the police may arrest someone without a warrant who:

Procedure upon arrest without a warrant

A person apprehended without a warrant must be delivered to the nearest police station as soon as possible [Summary Offences Act 1953 s 78(1)].

However, a person arrested without a warrant who is suspected of committing an indictable offence or an offence punishable by imprisonment of 2 years of more may be detained for as long as it takes to investigate the offence, up to a maximum of 8 hours [s 78(2)(a)]. During this time, the person may be taken to places connected with suspected offences to assist police in their investigation [s 78(2)(b)]].

For other particular types of arrest, such as arrest in relation to intervention orders or breach of parole, certain procedures must be followed. For example, see Parole.

Alternatives to arrest

Rather than arresting someone, police may order a person behaving in a disorderly or offensive manner in a place of public entertainment to leave [Summary Offences Act 1953 (SA) s 73]. Police may also order a person to leave a declared public precinct [s 66O]. See Declared public precinct offences for more information.

A person who is under the influence of a drug in a public place such that they are unable to take proper care of themselves may be taken to a sobering up centre or police station before being released. This is not an arrest [Public Intoxication Act 1984 (SA) s 7].