Article 57

When during the course of an investigation a police officer has reasonable grounds to believe that a suspect has committed only a Class 3 Petty Offence or Offences, the police officer shall, instead of arresting the suspect or applying for an arrest warrant, issue a Notice of Appearance directing the suspect to appear in a specified Court on a date and at a time certain. This Subsection shall not apply if the police officer is unable to establish the identity of the suspect.

When during the course of an investigation a police officer has reasonable grounds to believe that a suspect has committed only a petty offence or offences, the police officer may, instead of arresting the suspect or applying for an arrest warrant, issue a Notice of Appearance directing the suspect to appear in a specified Court on a date and at a time certain.

In deciding under sub-Article (2) whether to issue a Notice of Appearance in lieu of following the procedures for arrest, the officer shall consider:

the seriousness of the alleged offences;

the likelihood that the suspect will appear in Court on the date specified in order to be dealt with according to law;

the need to secure or preserve evidence of or relating to the offence;

the likelihood that the suspect will continue or repeat the offence or commit another offence; and

the likelihood that the suspect will harm or be a danger to others.