Realist Law - Criminal Lawyers Brisbane

Arrest without Warrant

When Arrest not Lawful?

Criminal Code 1899 (QLD)
Section 546 Arrest without warrant generally

When an offence is such that the offender may be arrested without warrant generally—

(b)it is lawful for any person who is called upon to assist a police officer in the arrest of a person suspected of having committed the offence, and who knows that the person calling upon the person to assist is a police officer, to assist the officer, unless the person knows that there is no reasonable ground for the suspicion; and

(c)it is lawful for any person who finds another committing the offence to arrest the other person without warrant; and

(d)if the offence has been actually committed—it is lawful for any person who believes on reasonable ground that another person has committed the offence to arrest that person without warrant, whether that other person has committed the offence or not; and

(e)it is lawful for any person who finds another by night, under such circumstances as to afford reasonable grounds for believing that the other person is committing the offence, and who does in fact so believe, to arrest the other person without warrant.


Should you be handcuffed after being arrested?

Kumar v Minister for Immigration, Local Government & Ethnic Affairs (1991) 28 FCR 128

In interpretation, Kyrou J. stated in Slaveski v State of Victoria [2010] VSC 441,

“Lockhart J held that the power of arrest exercised by the officer implied a power to handcuff an arrested person, but only to prevent that person from escaping or endangering the safety or property of other persons. His Honour decided that the handcuffing of the applicant was unreasonable because his conduct had not suggested that he was likely to escape or to act in a violent manner.”


I am not an admitted lawyer. These contents are simply what I have learned during my work experience duty and through study. Please DO NOT consider any of my content as advice.