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ARREST (The criteria for a lawful arrest is found under s99 (For the…
ARREST
The criteria for a lawful arrest is found under s99
For the purpose of commencing proceedings
"Satisfied that the arrest is reasonably necessary"
Provide information set out in s15 unless not practical
Force must be reasonable
Reasonable suspicion
R v McClean [2008] NSWLC 11
Timeline:
Questions
ID Checked
Direction given to wait
Assault police
Charges:
Two counts assault police and resist arrest under s58 Crimes Act 1990
Issues:
Whether the prosecution proved beyond reasonable doubt that the police were acting in the execution of their duties
The admissibility of evidence pursuant to s138 Evidence Act
Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)
Came into force in 2005
Consolidates police powers and responsibilities
Followed Recommendations of Wood Royal Commission
DPP v Carr [2002] NSWSC 194
Alternatives to arrest:
Ignore offence
Summons
Infringement notice
Court attendance notice
Get name and address. Consider options later
Timeline:
Resist of arrest
Assault police
Arrested for offensive language
Questioned
Intimidation
Offenses in 3-5 were a consequence of the arrest
(Case was decided before LEPRA came into force. s138 Evidence Act was used in place of s99 LEPRA)
Breach of Peace
Common Law
DPP v Armstrong [2010] NSWSC 885
R v Howell [1982] QB 416; [1981] 3 All ER 383
s138 of the Evidence Act governs arrest