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."
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 and the Summary Offences Act 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 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.
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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