Arrest

In Victoria, the power of arrest is governed by legislation. However, the common law still determines how a lawful arrest is required to be affected. In some circumstances, police must have a warrant to lawfully arrest a person. In other situations, it is lawful to arrest without a warrant.  This article summarises the situations where…

Police in New South Wales have various powers under the Law Enforcement (Powers and Responsibilities) Act 2002, which enable them to perform their duties. This does not mean that police are able to arrest anyone at any time. It is important for people to understand their rights when it comes to arrests and identification by…

What does an arrest mean? An arrest is the act of detaining a person, usually in response to a crime. Although a private citizen can also make an arrest, it is usually the police who exercise the power of arrest. A lawful arrest in New South Wales consists of the following three elements: A person…