ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
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 (WA)
Police can arrest a person for a range of reasons in a range of situations. These arrest powers in Western Australia are contained in Part 12 of the Criminal Investigation Act 2006.
Under section 128 of the Act, a police officer can arrest a person if they believe the person has committed or is committing a “serious offence”. “Serious offence” means an offence:
- for which the penalty is imprisonment for five years to life;
- which is a breach of a Family Violence Restraining Order or police order;
- that involves family violence or a threat of family violence;
- that involves failure to comply with an order from police at an out-of-control gathering.
A police officer can arrest someone for an offence that is not a serious offence if the officer reasonable suspects the person has committed, is committing, or is about to commit the offence, and if not arrested:
- it will not be possible to obtain and verify the person’s personal details;
- the person will continue or repeat the offence;
- the person will commit another offence;
- the person will endanger another person’s safety or property;
- the person will interfere with witnesses or otherwise obstruct the course of justice;
- the person will conceal or disturb evidence;
- the person’s safety will be endangered.
Entry to places and vehicles
A police officer can enter and search a place, or stop, enter and search a vehicle if the officer reasonably believes a suspect is in it. If the officer finds anything that could be considered evidence of an offence, they have a right to seize it or examine if forensically.
If a person is arrested for a serious offence, a police officer can enter the place or vehicle where the person was arrested or from where the person fled. The officer can search for any evidence of the serious offence or a connected offence, or any victim of the serious offence. The officer must have written permission from an independent senior officer to take these actions.
A police officer can enter and search any place the officer reasonably suspects an escapee has been since their escape from lawful custody, or is likely to go while at large.
Searches in custody
Once a person has been arrested, they can be searched for “a security risk item”. This is an item that could be used to endanger a person, help the arrested person to escape, or adversely affect the security, good order or management of the place at which they are detained.
Rights of an arrested person
Under section 137 of the Act, a person arrested by police is entitled to:
- any necessary medical treatment;
- a reasonable degree of privacy from the media;
- a reasonable opportunity to contact a relative or friend;
- help from an interpreter or other qualified person if the person cannot understand or communicate in spoken English sufficiently.
The arrested person must also be informed of the offence for which they were arrested, cautioned before being interviewed, and allowed to communicate with a lawyer.
The arrested person may be denied the right to contact another person if police suspect this may lead to:
- an accomplice taking steps to avoid being charged;
- evidence being concealed, disturbed or fabricated;
- a person’s safety being endangered.
Under section 139, police can detain an arrested person to:
- conduct a search;
- investigate any alleged offence;
- interview the suspect about any alleged offence;
- decide whether to charge the suspect.
A person cannot be held for more than 6 hours, unless the arresting officer gains permission from a more senior officer to hold the suspect for up to a further 6 hours, or from a magistrate for up to a further 8 hours.
If an arrested person is not charged, they must be released unconditionally. If an arrested person is charged with a simple offence, or some indictable offences, they must be released unconditionally unless there are concerns such as that the suspect will commit another offence, or the suspect or others will be placed in danger. If an arrested person is charged with a serious offence, they can be remanded in custody. If a suspect is charged and not released unconditionally, then as soon as practicable they must be brought before a court and considered for bail, or a mental health assessment must be arranged for them.
Under section 25 of the Act, any person can arrest another person (the suspect) if they reasonably believe the suspect has committed or is committing an “arrestable” offence. An “arrestable” offence is an offence that carries a jail term.
A person cannot enter a place or vehicle to arrest a suspect. Once a person has arrested a suspect, they must, as soon as practicable, arrange for police to attend the scene or take the suspect and any evidence to police. The citizen’s arrest lasts until the suspect is handed to the police.
For advice or representation in any legal matter, please contact Armstrong Legal.
When a young person in Western Australia is suspected of criminal offences, they must go through a similar process as…
A search warrant is an official document that gives police the power to search you, your property or your vehicle.…
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