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
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.
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.
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!!!
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.
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.
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.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Here you will find information on the police’s responsibilities in exercising their powers and the legal safeguards that ensure that police act within their powers and are held accountable for their actions. In particular, you will find useful information about a person’s rights in relation to answering police questions, arrests, searches, forensic procedures (e.g. DNA sampling) and bail determinations by police.
The police have broad powers to carry out their duties, but these are balanced by responsibilities and legal safeguards that protect an individual’s rights. If police do not comply with the required conditions before and when exercising power it may mean that they have acted unlawfully. In some cases, this may lead to the exclusion of evidence sought to be relied on by the prosecution and the prosecution being unable to prove its case.
In certain circumstances, the unlawful or improper conduct of police may give rise to the availability of a civil suit against police for compensation.
General Legal Safeguards
The large majority of police powers are provided under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), commonly known as LEPRA. Other powers are provided by various pieces of legislation and the common law (judge-made law).
Requirement to Provide Certain Information
Perhaps the most basic and general condition that applies to the exercise of a range of police powers is that before (or as soon as reasonably practicable after) exercising most powers the police officer must provide a person with:
- evidence that he/she is a police officer (unless he/she is in uniform);
- his/her name and place of duty; and
- the reason for the power being exercised.
The police must do this when they:
- stop, search or arrest a person;
- stop or search a vehicle, vessel or aircraft;
- enter or search premises;
- seize property;
- require the disclosure of the identity of a person (including requiring the removal of a face covering for identification purposes);
- give or make a direction, requirement or request that a person is required to comply with by law;
- establish a crime scene at premises (other than a public place).
- police do not have to do this when they:
- enter or search a public place;
- execute a covert search warrant;
- detain an intoxicated person.
Requirement for Police Officers to Give Warnings
If the police officer is exercising a power that involves making a request or issuing a direction (for example a “move on” direction), he or she must, as soon as reasonably practicable after making the direction, requirement or request, provide the person with a warning that they are required by law to comply. Once the warning has been given, it is an offence not to comply.
A warning is not required if the person has already complied with or is in the process of complying with the direction, requirement or request.
To find out more about police powers please select the topic you are interested in from the list below:
If you require legal advice on police powers or any other legal matter, please contact Armstrong Legal.
Family violence can occur between partners, ex-partners, parents and children, siblings or between other parties who are living together or…
Evidence law is the body of law that deals with how facts must be proved in a legal proceeding. In…
When a person is found guilty of a criminal offence, the court must decide on the appropriate sentencing order/s to…
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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