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ARTICLE · 11 JULY 2022

Arrest for the purpose of questioning: Clarifying Robinson

O'Brien Criminal & Civil Solicitors
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The High Court in the case of NSW v Robinson held that at the time of arrest, police must have an intention to charge.

AustraliaCriminal Law
Sarah Gore
Sarah Gore
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The NSW Court of Appeal has clarified the circumstances when NSW Police can arrest someone for an interview.

Harris v State of New South Wales [2021] NSWCA 208 confirmed that an officer can arrest someone with the intention of questioning them. However, they must already have the intention to charge them regardless of if they participate in an interview or not.

Arrested, interviewed and released

In August 2018, Detective Senior Constable Coffee investigated allegations of fraud against April Harris and her husband.

In November 2018, NSW Police executed a search warrant at their residence. They arrested, interviewed and released Mr Harris pending further investigations. They issued him with a future court attendance notice for offences under s192E of the Crimes Act 1900 (NSW).

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