NSW My Arresting Officer Made No Statement - Is This Legal?

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10 October 2014
I have been charged and summoned to court. My case has been started and adjourned due to running out of time in court. During cross examination of the arresting police officer (OIC in this matter), when asked where the statement of the other arresting officer was he refused to admit that the officer (that did not provide a statement) took part in the arrest. Even after producing his statement where he clearly states the other arresting officer was there and took part in the arrest, he still refused to acknowledge it and said he cannot remember. This went on for some time before the mater was adjourned.

It struck me that he clearly did not want this to be heard by the magistrate and he was desperately trying to disguise the fact.

Is there any law or policy that states an arresting officer must/should provide a statement in any arrest where the arrested is taken into custody?

Thank you in advance for any advice on this matter.

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi Marcus,

There is no law that forces one officer to admit anything. It may be that they genuinely forgot. In this case, your lawyer in cross examination should have pointed to the statements/documents made by the police officer which confirmed the presence of the other officer and asked him about the inconsistency between his oral statement and his written statement. This is a question of evidence and is a matter for your lawyer to pick up on. However, it is up to your lawyer to decide whether this is worthwhile and whether the evidence produced will be relevant or persuasive to your ultimately charge/trial. While it may question the credibility of the police officer, it may not actually do anything toward your charge. Hence, it is a matter to speak with your lawyer about.