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."
Victoria Police have the power to arrest people in certain circumstances.
When exercising the powers of arrest, an officer must comply with basic safeguards. These include that the person arresting you tells you that you are under arrest and why.
It is an offence under the Crimes Act 1958 and the Summary Offences Act 1966 to resist arrest. Even if police do not charge you with any other offence, you may still be charged with resisting arrest if you offer active resistance at the time of your arrest.
When Can A Police Officer Arrest?
Police are not obliged to arrest someone where they reasonably believe proceedings can be brought against the person by summons or a notice to appear in court.
However, a police officer can arrest you when:
- a court has issued a warrant for your arrest;
- the officer suspects on reasonable grounds that you have committed an offence;
- the officer finds you committing an offence;
- you have breached a bail undertaking or an officer believes on reasonable grounds that you are likely to breach your bail conditions;
- the officer believes on reasonable grounds that you are escaping from legal custody or are helping someone else to escape from legal custody or to avoid apprehension;
- the officer sees you committing an offence against traffic regulations and you either decline to give your name and address, or you supply one that the officer believes is false.
An officer who arrests you on suspicion of committing an offence must believe on reasonable grounds that the arrest is necessary to:
- ensure your attendance at court for the offence;
- preserve public order;
- prevent the continuation or repetition of the offence or the commission of another offence;
- protect the safety or welfare of members of the public or you.
When Can a Citizen Arrest?
A person who is not a police officer can arrest you without a warrant if:
- you are in the act of committing an offence;
- they are instructed to make the arrest by a police officer;
- they believe on reasonable grounds that you are escaping from legal custody or are helping someone else to escape from legal custody or avoid apprehension.
A citizen making an arrest, just like a police officer, must also have a reasonable belief that the arrest is necessary to achieve the objectives listed above (such as ensuring the person’s attendance at court or protecting the safety or welfare of members of the public).
A commander of an aircraft may, on board the aircraft, arrest a person who they find committing and offence, or they reasonably suspect of having committed or attempted to commit an offence on or in relation to, or affecting the use of, an aircraft.
To prevent such an offence or to avoid danger to the safety of the aircraft or passengers, the commander may place you under restraint or in custody, or remove you from the aircraft if it is not in the course of a flight.
What Happens if Police do not Follow the Rules when Arresting?
There are certain rules outlined in the Crimes Act 1958 that govern arrest. Unlawful or improper conduct by a person carrying out an arrest can have significant consequences for the outcome of your case, particularly in relation to the following:
Use of Force
A police officer or other person who exercises a power to arrest another must not use force that is disproportionate to the objective they reasonably believe is necessary to effect the lawful arrest of someone committing or suspected of committing an offence. The same applies in order to prevent the commission, continuation or completion of an offence.
The use of disproportionate or unreasonable force will constitute an assault. It is up to the Judge or Magistrate to determine whether the force used was disproportionate in the circumstances.
Police must exercise the power to arrest in good faith and for the purpose it exists, and not for some other reason. If not, the arrest may be unlawful.
Depending on the circumstances, police may not be allowed to use evidence that has been obtained as a result of an unlawful arrest. A person can also use reasonable force to resist arrest that is unlawful. But if the arrest is later found to be lawful, then your belief that it was unlawful is not a defence to a charge of resisting arrest.
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