New South Wales
In the Australian state of New South Wales, the power to arrest is granted to anyone who is not a police officer by s.100 of the Law Enforcement (Powers and Responsibilities) Act 2002[6] of New South Wales. Under the Act, a person may, without a warrant, arrest another person if:
Section 231 of the Act allows the use of such force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest. A person who arrests another person under s.100 must, as soon as is reasonably practicable, take the person, and any property found on the person, before a magistrate to be dealt with according to law. The magistrate will also decide whether or not the force applied in making the arrest was reasonable under the circumstances.
- the person is in the act of committing an offence under any Act or statutory instrument, or
- the person has just committed any such offence, or
- the person has committed a serious indictable offence for which the person has not been tried.
According to the Law Society of New South Wales, the arresting person should:[7]
- inform the person that they are under arrest and
- inform the person of the reasons for the arrest[8]
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