Arrest without Warrant

When Arrest not Lawful?

Criminal Code 1899 (QLD)
Section 546 Arrest without warrant generally

When an offence is such that the offender may be arrested without warrant generally—

(b)it is lawful for any person who is called upon to assist a police officer in the arrest of a person suspected of having committed the offence, and who knows that the person calling upon the person to assist is a police officer, to assist the officer, unless the person knows that there is no reasonable ground for the suspicion; and

(c)it is lawful for any person who finds another committing the offence to arrest the other person without warrant; and

(d)if the offence has been actually committed—it is lawful for any person who believes on reasonable ground that another person has committed the offence to arrest that person without warrant, whether that other person has committed the offence or not; and

(e)it is lawful for any person who finds another by night, under such circumstances as to afford reasonable grounds for believing that the other person is committing the offence, and who does in fact so believe, to arrest the other person without warrant.


Should you be handcuffed after being arrested?

Kumar v Minister for Immigration, Local Government & Ethnic Affairs (1991) 28 FCR 128

In interpretation, Kyrou J. stated in Slaveski v State of Victoria [2010] VSC 441,

“Lockhart J held that the power of arrest exercised by the officer implied a power to handcuff an arrested person, but only to prevent that person from escaping or endangering the safety or property of other persons. His Honour decided that the handcuffing of the applicant was unreasonable because his conduct had not suggested that he was likely to escape or to act in a violent manner.”

AJ Faisal criminal lawyer Brisbane for corporate fraud or white collar fraud Charges

About AJ Faisal

Every case is unique, I possess a distinct talent for uncovering often-overlooked facts, an open mind that allows for creative problem-solving, and a strong ability to think outside the box. I empathize with individuals facing police charges, and I consider it my duty to secure the best possible outcome for the defendant.

I am A J Faisal and I have completed my law degree at the University of Southern Queensland. I am passionate about criminal defence and I gained valuable experience by working as a Law Clerk and shadowing Mr Mackenzie for more than 3 years. Ken is an accredited criminal defence lawyer with more than 23 years of experience in practice. I am a solicitor in the State of Queensland. Retain me for your criminal matter

These are blog posts and are not advice and please do not consider any of my blog posts as legal advice. These are merely to get basic and general ideas.

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