In New South Wales, what determines whether an arrest is justifiable?

The justification for an arrest in New South Wales is fundamentally based on the presence of reasonable suspicion that a person has committed an offence. This standard ensures that law enforcement officers have a factual basis for believing an individual is involved in criminal activity, providing a necessary safeguard against arbitrary detainment.

Reasonable suspicion must be grounded in specific facts or circumstances, rather than mere speculation or intuition. This criterion aims to balance the need for public safety and effective law enforcement with the rights of individuals, thereby upholding legal principles and protecting citizens from unlawful actions by police.

While standard arrest procedures and police guidelines can influence the execution of an arrest, they do not, in isolation, determine its justifiability. These procedures are structured to help officers make decisions consistent with the law but are secondary to the actual legal standard of reasonable suspicion. Public opinion, while important in broader societal contexts, has no legal standing in determining the justification of an arrest, as it is the facts of the situation and the legal criteria that hold precedence in the eyes of the law.