ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
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."
Arrest Without A Warrant (Vic)
In Victoria, an arrest can be made for a range of reasons by a range of people. In some circumstances, an arrest can be made without a warrant. This article will explain those situations.
Arrest without a warrant
A lawful arrest without a warrant can be made by police and others in some situations. These are listed in sections 458 and 459 of the Crimes Act 1958. They include:
- when a person is found committing an offence, and arrest is needed:
- to ensure that person attends court;
- to preserve public order;
- to prevent continuation or repetition of the offence, or further offences;
- for the safety and welfare of the public or the offender;
- when a person is instructed by police to make an arrest;
- when a person believes another person is escaping from custody or helping someone else to escape custody or avoid apprehension.
“Found committing” means a person is found doing any act, or behaving in a way, or in any circumstances, where it is reasonable for another person to believe the person is guilty of an offence.
A person who has been arrested without a warrant can be held only as long as the reason for arrest exists.
In addition to the above reasons, a police or protective services officer can apprehend a person without a warrant if they believe on reasonable grounds that the person has committed an indictable offence (a serious offence that usually carries a maximum penalty of more than 2 years in prison). This also applies to an offence committed elsewhere that would be classed as an indictable offence in Victoria.
A “protective services officer” is someone who protects:
- public officials;
- the general public in certain places or in an emergency;
- certain places of public importance.
A protective services officer can arrest someone without a warrant only at a “designated place”, which means a railway, bus area, taxi rank, car park, tram stop or other public transport site. The officer must present a person they have arrested to a police officer as soon as practicable.
Entering and searching premises
The Act permits a police officer to enter and search a place to arrest a person if the officer believes on reasonable grounds that the person is committing or has committed an indictable offence or equivalent offence; or is escaping from custody.
If a person who made an arrest reasonably believed the apprehended person committed an offence, and it subsequently appears the apprehended person did not, the arrest will not be taken to be unlawful.
Use of force
The Act authorises a person to use force to effect or help effect the arrest of someone who is committing or is suspected of committing an offence. The force used must be proportionate and only that which is reasonably necessary.
Arrests with a warrant
A warrant for arrest is issued under section 12 of the Criminal Procedure Act 2009. A court can issue an arrest warrant for many reasons, including when:
- it believes a person will not answer a summons to appear;
- it believes a person has absconded or is likely to abscond, or is avoiding service of a summons;
- a person has failed to comply with their bail conditions;
- a person has tried to evade police;
- there is a reason under another Act, or there is a good cause.
To make a lawful arrest, three elements must be satisfied. These are that the arrested person:
- was deprived of their liberty;
- was informed they were under arrest;
- was told the reason for their arrest.
In some circumstances, the person carrying out the arrest will be excused from immediately informing the other person that they are under arrest. Such situations include when:
- the other person resists or absconds;
- the offence or reason for arrest is apparent to the other person;
- when the other person cannot understand the reason because of disability, intoxication or lack of English language skills.
There is no requirement for a person to be seized or subjected to physical force when they are arrested; an arrest can be made by using words.
An arrest cannot be made for the sole purpose of questioning.
Under the Crimes Act 1914, police can arrest a person without a warrant if they reasonably suspect that a person is committing, or has committed, a Commonwealth offence, such as importing drugs or social security fraud. In addition, the police must reasonably believe an arrest without a warrant is necessary to:
- ensure the suspect appears in court to answer the charge;
- prevent the suspect from committing further offences;
- prevent evidence from being lost, destroyed or concealed;
- prevent harassment of any witness;
- prevent fabrication of evidence;
- preserve the safety or welfare of the suspect.
Under the Act, arrest without warrant is also permitted where a person is suspected to be committing or have committed a terrorism offence, or to be a prisoner at large, or to be a person breaching bail.
For advice or representation in any legal matter, please contact Armstrong Legal.
Taser is the brand name of a “conducted electrical weapon” used by certain police In Victoria. It is a hand-held…
Police in Victoria have the authority to conduct personal searches under several Acts, including the Control of Weapons Act 1990…
Police can arrest a person for a range of reasons in a range of situations. These arrest powers in Victoria…
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
22 St Georges Terrace Perth