-
ACT Articles
-
National Articles
-
NSW Articles
-
QLD Articles
-
VIC Articles
-
WA Articles
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
- Client
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
- Client
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
- Client
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
-
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
- Client
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
- Client
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
- Client
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
- Client
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
-

This article was written by Michelle Makela - Legal Practice Director
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
Arrest
Arrest by police in the Australian Capital Territory is governed by the Crimes Act 1900. When making an arrest, a police officer must inform the person that they are under arrest and the reason for the arrest.
Reasons for arrest
Police can arrest you if they reasonably suspect you have committed an offence, are committing an offence, or are about to commit an offence. They can also arrest you if a warrant (written authority) for your arrest has been issued by a court. Under Section 212, they can also arrest someone to:
- ensure the person appears in court;
- prevent a repetition or continuation of an offence or another offence;
- prevent the concealment, loss or destruction of evidence;
- prevent harassment of, or interference with, a potential witness;
- prevent the fabrication of evidence;
- preserve the person’s safety or welfare.
When a warrant has been issued but police do not have it in their possession, they can still arrest the person named on it and bring him or her before a magistrate. Also, police can arrest a person without a warrant if they suspect the person is a prisoner at large.
Warrants
Under Section 219, an arrest warrant must not be issued unless the police have provided sworn reasons for the warrant, including why it is believed a person committed an alleged offence and why it is believed the person will not comply with a summons.
Entering premises to make arrest
Under Section 220, police must have both a warrant in relation to “a relevant offence” and a belief on reasonable grounds that a certain person is present before they can enter premises to arrest that person.
If they have both the warrant and the belief, they can use necessary and reasonable force, at any time of the day or night, to search for and arrest the person. However, police must not enter a “dwelling house” at any time between 9pm and 6am unless it would not be practicable to arrest the person at any place at another time, or it is necessary to do so to prevent the concealment, loss or destruction of evidence. “Dwelling house” includes a room in a hotel, motel, boarding house or club.
A “relevant offence” includes an offence that involves actual or threatened violence, or possession of offensive weapons.
Right to be told grounds for arrest
Under Section 222, a person is to be told what they are arrested for at the time of the arrest. The Act specifies that this does not have to be done in “language of a precise or technical nature”. Further, it does not have to be done if the person being arrested should, in the circumstances, know the substance of the alleged offence or if the person’s actions make it impracticable for him or her to be informed.
Other powers of arrest (citizen’s arrest)
Under Section 218 of the Act, a person who is not a police officer may, without warrant, arrest another person if he or she believes on reasonable grounds that the other person is committing or has just committed an offence. However, anyone who does this must, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, to be handed over to police.
For advice or representation in any legal matter, please contact Armstrong Legal.
A recent judgment from Justice Loukas-Karlsson in the ACT Supreme Court deals with the need for police to have reasonable…
The ACT Coroners Court recently examined in detail the Australian Federal Police’s use of a taser – and found overwhelmingly…
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
Sydney Office
Level 35
201 Elizabeth Street
Sydney NSW 2000
Melbourne Office
Level 13
575 Bourke Street
Melbourne VIC 3000
Brisbane Office
Level 5
91 North Quay
Brisbane QLD 4000
Canberra Office
Level 9
Nishi, 2 Phillip Law Street
Canberra ACT 2601
Perth Office
Suite 207
22 St Georges Terrace Perth