s. 461 (3) In this section has the serious indictable offence same meaning as it has in section 325. S. 460 * * * * * substituted by No. 8247 s. 2, amended by Nos 8410 s. 4, 9008 s. 2(1)(Sch. item 2(l)), substituted by No. 10076 s. 4(1), amended by No. 16/1986 s. 30, repealed by No. 37/1988 s. 4. 461 Arrest on reasonable grounds not to be taken to be S. 461 amended by unlawful No. 7546 s. 11, substituted by (1) Where an apprehension is made under a belief on No. 8247 s. 2. reasonable grounds in accordance with the provisions of section 458 or section 459 the apprehension shall not cease to be lawful or be taken to be unlawful where it subsequently appears or is found that the person apprehended did not commit the offence alleged. S. 461(2) (2) A police officer shall not be bound to take into amended by custody or to take before a bail justice or the Nos 57/1989 s. 3(Sch. Magistrates' Court any person found committing item 42.54), an offence if the police officer believes on 68/2009 reasonable grounds that proceedings can s. 97(Sch. item 40.34), effectively be brought against that person by way 37/2014 of summons or notice to appear. s. 10(Sch. item 36.17). (3) In subsection (2) has the same S. 461(3) notice to appear inserted by meaning as in the Criminal Procedure Act 2009. No. 68/2009 s. 97(Sch. item 40.35).
(3) In this section serious indictable offence has the same meaning as it has in section 325. S. 460 substituted by No. 8247 s. 2, amended by Nos 8410 s. 4, 9008 s. 2(1)(Sch. item 2(l)), substituted by No. 10076 s. 4(1), amended by No. 16/1986 s. 30, repealed by No. 37/1988 s. 4. * * * * * S. 461 amended by No. 7546 s. 11, substituted by No. 8247 s. 2. 461 Arrest on reasonable grounds not to be taken to be unlawful s. 461 (1) Where an apprehension is made under a belief on reasonable grounds in accordance with the provisions of section 458 or section 459 the apprehension shall not cease to be lawful or be taken to be unlawful where it subsequently appears or is found that the person apprehended did not commit the offence alleged. S. 461(2) amended by Nos 57/1989 s. 3(Sch. item 42.54), 68/2009 s. 97(Sch. item 40.34), 37/2014 s. 10(Sch. item 36.17). (2) A police officer shall not be bound to take into custody or to take before a bail justice or the Magistrates' Court any person found committing an offence if the police officer believes on reasonable grounds that proceedings can effectively be brought against that person by way of summons or notice to appear. S. 461(3) inserted by No. 68/2009 s. 97(Sch. item 40.35). (3) In subsection (2) notice to appear has the same meaning as in the Criminal Procedure Act 2009.