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

Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.

- Client

I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.

- Client

Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!

- 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.

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?

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