A decision of the High Court of Australia shines a light on how the Police can get it wrong when arresting someone. In NSW v Robinson [2019] HCA 46 (4 Dec 2019) the Court decided that the arrest of a man was unlawful as the arresting officer had no intention at the time of charging the man with an offence. An arrest merely for the purpose of asking questions to see if a charge can be made out is illegal.
If you are ever in the unfortunate position of being arrested, insist on being informed of the charge at the time and, if possible, have a witness present. If the officer cannot or refuses to tell you the charge then the arrest could be overturned and damages claimed for wrongful arrest and false imprisonment.
March 2020