Police Powers

The powers that police have when carrying out their duties come with certain responsibilities. While these powers are relatively broad, they are balanced by certain responsibilities and legal safeguards that protect an individual’s rights. If police do not comply with the law and responsibilities when exercising a power or carrying out their duties it may mean that they have acted unlawfully. In some cases, this may lead to the exclusion of evidence sought to be relied on by the prosecution and the prosecution being unable to prove its case. The unlawful or improper conduct of police may give rise to the availability of a civil suit against police for compensation.

This section contains information about the police’s responsibilities in exercising their powers, as well as the legal safeguards that ensure that police act within their powers and are held accountable for their actions. In particular, you will find useful information about a person’s rights in relation to answering police questions, arrests, searches, forensic procedures (e.g. DNA sampling) and bail determinations by police.

General Legal Safeguards

The large majority of police powers are provided under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), commonly known as LEPRA. Other powers are contained in other legislation as well as the common law (Judge made law).

Our Police Powers Lawyers

All our criminal lawyers work on cases involving issues relating to the police use of their powers. This work ranges from providing advice to clients about the lawfulness of a search, arrest or warrant, to conducting hearings where the defence strategy includes arguments based on the illegality or impropriety of police actions.  

The following lawyers have particular experience in matters involving police powers. 

Angela Cooney

Angela Cooney is the National Practice Director of Criminal Law at Armstrong Legal and is an Accredited Criminal Law Specialist (meaning she is recognised by the Law Society of NSW as a solicitor demonstrating specialised competence in criminal law).

Angela is a meticulous lawyer with an eye for detail. She has a wealth of experience with police powers, having appeared in defended hearings in the Local Court. She has instructed counsel in District Court trials and sentences, Supreme Court bail applications and appeals to the Court of Criminal Appeal and is an experienced advocate.

Trudie Cameron

Trudie Cameron is the NSW Practice Leader of Criminal Law NSW and ACT at Armstrong Legal and is an Accredited Criminal Law Specialist.

Trudie has extensive experience in criminal matters involving police powers, unlawful arrests, excessive use of force or failure of police to follow proper procedure. She is particularly skilled at guiding her clients through criminal matters. From the moment the interaction with police occurs, Trudie will provide specific advice to her clients about safeguarding their best interests, navigating the charging and bail process and building a defence. 

Trudie also maintains a select civil practice in relation to actions against the NSW Police, NSW Correctives and other agencies for assaults, batteries, false imprisonment, wrongful arrests, malicious prosecutions and misfeasance in public office. 

Trudie has appeared as an advocate in Local Court hearings and sentences, District Court appeals and sentencing matters, and as an instructing solicitor in District Court trials and civil suits, Supreme Court bail applications and appeals to the Court of Criminal Appeal and High Court of Australia.