FAQs matching Resisting Arrest

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Is there a rule requiring a person who is being placed under arrest – must be handcuffed?

Practice Areas: Resisting Arrest, Anti-Social Laws, Criminal Law

There exists no general rule or requirement that a police officer must handcuff a person who is being arrested. It might come as a surprise to readers...

What rights does a person possess if they have been placed under arrest?

Practice Areas: Resisting Arrest, Criminal Law

Any person who has been placed under arrest by the police must have their rights explained to them and in the event that this has not occurred, the person...

Are police officers required to handcuff every person placed under arrest?

Practice Areas: Drug Offences, Human Trafficking, Weapons, Assault & Battery, Robbery & Theft, Arson, Apprehended Violence Orders, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Resisting Arrest, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Bail Applications, Criminal Law Matters

 There is no general rule or requirement that a police officer must handcuff a person who is being arrested. Furthermore, there is also no requirement...

How much force can a police officer use when arresting a person?

Practice Areas: Court Appearances, Resisting Arrest, Anti-Social Laws

When a police officer is undertaking an action of arrest, they must do so by using reasonable force, and must not subject a person to a greater indignity,...

If I am charged with an offence will I get bail?

Practice Areas: Court Appearances, Drink Driving, Drug Offences, Assault & Battery, Traffic Matters, Robbery & Theft, Resisting Arrest, Speeding, Drug Driving, Murder, Anti-Social Laws, Indecent and Sexual Assault, Sexual Offences, Weapons, Arson, Bail Applications

Like many criminal law matters, the granting of bail is different in each State and Territory. As a general rule, there is a presumption that a person...

When do I have to assist police and answer police questions?

Practice Areas: Court Appearances, Resisting Arrest, Human Rights

As a general rule, you do not have to answer police questions or assist police in their investigations. One of the fundamental principles of criminal...

What is the difference between a summary and indictable offence?

Practice Areas: Drug Offences, Human Trafficking, Weapons, Assault & Battery, Robbery & Theft, Arson, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Resisting Arrest, Indecent and Sexual Assault, Murder, Sexual Offences, Bail Applications

In criminal law, you may often hear people talk about summary or indictable offences.  There is sometimes a distinction drawn between the two based...

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