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."
Police Arrest Powers (Vic)
Under section 458, any person, whether a police officer or not, can arrest someone without a warrant if they find that person committing an offence and reasonably believe the arrest is necessary to:
- ensure the attendance of the offender before a court;
- preserve public order;
- prevent the continuation or repetition of the offence or commission of a further offence;
- protect the safety and welfare of the public or the offender;
- prevent someone from escaping from custody or from helping another person to escape or avoid arrest.
A person can also make an arrest if directed to do so by a police officer.
Under section 459, a police officer, or protective services officer on duty, can arrest anyone they reasonably believe has committed an indictable offence or equivalent offence under Victorian law. If a protective services officer makes an arrest, they can do so only in their authorised area and they must deliver the arrested person to police as soon as practicable.
If an arrest is made on reasonable grounds and the suspect is subsequently found not to have committed an offence, the arrest will not be taken to have been unlawful.
A police officer does not have to take someone into custody or bring them before a court if the officer reasonably believes the offence can be dealt with by way of a summons or a (less formal) notice to appear.
A person can use as reasonable force, if necessary, to arrest or help arrest a person committing or suspected of committing any offence.
Entry to places
A police officer can enter and search a place if the officer reasonably believes a person in that place and that person has committed an indictable offence or equivalent offence under Victorian law, or is escaping from custody. The officer is entitled to use reasonable force, if necessary, to enter the place.
Arrests with a warrant
A court can issue a warrant for a person’s arrest in situations such as when:
- there is evidence that the person is not likely to answer a summons, has absconded or is likely to abscond, or is avoiding service of a summons.
- a person has breached their bail conditions;
- a person has tried to evade arrest or investigation by police.
A warrant must name the person to be arrested, and should be read and shown to the person being arrested.
A police officer can lawfully search a person and their property immediately after an arrest, if the officer reasonable believes there may be a concealed weapon or other instrument which could be used to injure someone; or to secure or preserve evidence of the offence for which the person has been arrested.
Under the Crimes Act 1914, a police officer can arrest a person if the officer reasonably believes:
- a person has committed or is committing an offence;
- a summons would not:
- ensure the person appears in court;
- prevent a repetition or continuation of an offence or commission of another offence;
- prevent concealment, loss or destruction of evidence;
- prevent harassment of, or interference with, a witness;
- prevent fabrication of evidence;
- preserve the safety or welfare of the person.
- the person has escaped from lawful custody.
If the police officer arrests someone they believe to be a prisoner at large, they must take that person before a magistrate as soon as practicable. If the magistrate is satisfied the person is a prisoner at large, the magistrate can issue a warrant authorising police to return that person to prison.
A police officer can arrest a person they believe has breached or is about to breach a bail condition. The person must be brought before a magistrate as soon as practicable.
If an officer suspects a person has committed an indictable offence, the officer can enter a property, using reasonable force if necessary, to search the property for a person, any time of the day or night, and arrest that person, if the officer reasonably believes the person is there.
An arrest warrant can be issued by a magistrate or justice of the peace if the relevant information is supplied on oath and an affidavit has been supplied setting out the reasons the warrant is sought. In executing the warrant, a police officer can enter a property, using reasonable force if necessary, to search the property for a person, any time of the day or night, and arrest that person, if the officer reasonably believes the person is there. However, unless it would not be practicable, or evidence would be placed at risk, an officer should not enter the premises between 9pm and 6am.
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…
Being approached by police can be intimidating. What the police are allowed to ask you, whether they can arrest you,…
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