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ARTICLE · 17 OCTOBER 2020

What is Excessive Force during an arrest in NSW?

Any force beyond what is reasonably necessary to perform an arrest, could amount to the criminal offence of assault.

AustraliaCriminal Law

Many were shocked this week by the footage of Sydney University Law Professor Simon Rice being pushed to the ground whilst observing a student protest.

Professor Rice was placed under arrest for violating COVID-19 restrictions, with many questioning both the grounds for the arrest and the use of force.

Here's an outline of the law relating to arrests by police and how much force can be used during them.

When Can You Be Arrested?

Generally, police can only arrest somebody if they have a  warrant. However, they can arrest somebody  without a warrant if they are satisfied that the arrest is reasonable necessary to:

  • Stop the person committing an offence or another offence;

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