The police powers to arrest in NSW

The right of an individual to be free from arbitrary arrest or detention is a fundamental human right and highly regarded in our legal system. It is for this reason that police can only arrest individuals in certain circumstances.

The power for New South Wales Police to arrest without a warrant is found in section 99(1) of the Law Enforcement (Powers and Responsibilities) Act 2002 which provides that a police officer may arrest without a warrant if:

1. the police officer suspects on reasonable grounds that the person is committing or has committed an offence; and
2. the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons: