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I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
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.
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.
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!!!!
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
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."
This article contains 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 feel that a police officer is acting unlawfully or beyond their powers, it is still advisable that you comply with police so that you do not expose yourself to criminal charges. As above, in certain circumstances, the unlawful or improper conduct of police may give rise to a defence to a criminal charge or the availability of a civil suit against police for compensation, so it is better to comply and pursue a remedy at a later stage.
If you require legal advice on police powers or any other legal matter, please contact Armstrong Legal.
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