Warrants
In New South Wales police arrests can proceed either by way of warrant or without one. Under the NSW Crimes Act a police officer can arrest a person without a warrant or detain them for further investigation when the person: is engaged committing an offence against any act; has been caught immediately after having committed an offence; is hanging around suspiciously and is suspected with reasonable cause of being about to commit an offence; is reasonably suspected of having committed an offence; is found on premises that have been searched and where a search warrant is connected with something seized; and is known by the officer to have a warrant issued for them.
Search Warrants
The police can apply for a search warrant to enter suspect premises but only if they have reasonable grounds for believing that there may be items on the premises relating to an indictable offence e.g. firearms, drugs, child pornography, or stolen goods to name a few. The warrant expires after 72 hours unless extended.
Executing a Warrant
An occupier's notice must be handed to an occupier over 18 years old. Anything mentioned in the warrant and anything connected with the offence may be seized. Any person on the premises, who the police may reasonably believe to be connected to the warrant, may be searched.
Search Warrants on drug premises
There are specific police powers relating to drug premises which the police believe are being used for the manufacture or supply of a prohibited drug. Any person on the premises, who the police may reasonably believe to be connected to the warrant, may be searched.
Warrants Articles
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Criminal Law - The Pro's And Con's Of taking Part In A Police Interview
Date: September 25, 2008
Author(s): LAC Lawyers
The decision as to whether to participate in a record of interview with police is often a difficult one to make. There are various advantages and disadvantages in doing so, therefore, it is important that competent legal advice is obtained. LAC Lawyers are able to assist and advise you whether you should participate in such an interview.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.