NSW Does this constitute wrongful arrest?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

AlphaR1

Active Member
2 August 2016
12
0
31
Day 1 I had an allegation of an indictable offence put to me, and voluntarily participated in an electronic interview.

Day 2 I received an email from the officer in charge requesting I attend the police station that day so that I could be formally charged with an offence. I agreed and voluntarily attended the station, in fact I was there waiting for the police to arrive as I was early.

Once the police arrived I was placed under arrest and charged. I can not find a reason under LEPRA as to why I was arrested.

Does this constitute wrongful arrest?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
No. They had sufficient reason to charge you so false arrest is unlikely to apply in this situation.

Standard Operating Procedure to arrest people first then sort out the details.

BTW, never ever resist arrest. I'm aware of a case in Melbourne where the original charge was found not proven, but the charge of resisting arrest was proven and the person found guilty of this offense.