Know Your Rights: Why can Police in NSW Arrest You?

Jack Dunn • April 14, 2025
Police officer is placing handcuffs on man

Being arrested can be a frightening and confusing experience. However, understanding your rights and knowing how to navigate the process can make a significant difference with your criminal law matter.   


Where do the Police Powers to Arrest come from? 

The Police have the power to arrest you under  Section 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), commonly referred to as LEPRA.


What is the basis for an arrest? 

In 2013, the above laws were amended to outline when a police officer could arrest you without a warrant.


This is based on one or more of the following:


           (a) the police officer suspects on reasonable grounds that the person is committing or has committed an                        offence, and

           (b) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following                  reasons--

                      (i) to stop the person committing or repeating the offence or committing another offence,

                     (ii) to stop the person fleeing from a police officer or from the location of the offence,

                    (iii) to enable inquiries to be made to establish the person's identity if it cannot be readily established                              or if the police officer suspects on reasonable grounds that identity information provided is false,

                    (iv) to ensure that the person appears before a court in relation to the offence,

                     (v) to obtain property in the possession of the person that is connected with the offence,

                    (vi) to preserve evidence of the offence or prevent the fabrication of evidence,

                   (vii) to prevent the harassment of, or interference with, any person who may give evidence in relation to                            the offence,

                  (viii) to protect the safety or welfare of any person (including the person arrested),

                   (ix) because of the nature and seriousness of the offence.


Police Officers may also arrest you if directed by another Police Officer to do so in accordance with any of the above. 


You should be taken to an authorised officer who either a Local Court Magistrate or Registrar of any Local Court or Children’s Court as soon as reasonably practicable.


Pursuant to section 105 of LEPRA Police officers can discontinue the arrest at any time and without taking the person to the above authorised officer. 


The purpose of arrest is to bring the individual before the Court to answer the charge or allegation laid by the Police. 

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