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i. WAS THERE NOTIFICATION OF GROUNDS OF ARREST? Arrestor must notify the arrestee of the reason they are being arrested, so that the arrestee can have an opportunity to explain. A police officer must provide the person subject to the exercise of a power, such as arrest, with the reasons for exercise of the power (LEPRA s 201(1)(c)). Christie v Leachinsky – The police must inform the person of the true ground of arrest, or otherwise they will be liable for false imprisonment  This includes the facts alleged to constitute the offence, so that the person arrested may resist arrest if it is unlawful – This obligation must be carried out unless the circumstances show that the person would know the general nature of the offence (e.g. where the person was caught red-handed, or he is resisting arrest), or where circumstances are such as to be practically impossible to inform him or her. – Technical or precise language is not needed – as long as he or she knows in substance the reason for the arrest

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The most concise and updated Litigation Criminal Procedure Study Notes for Australian Law Students.

Does not include Model Exams and Model Exam Answers.
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Approximately 17412 words over 34 pages. Prepared in 2022.

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