What must police have for an arrest to be considered lawful in New South Wales?

For an arrest to be considered lawful in New South Wales, police must have reasonable grounds to suspect that an offence has occurred. This legal standard emphasizes that the police must possess sufficient evidence or facts that would lead a reasonable person to conclude that a crime has been committed and that the individual being arrested is likely involved.

This ensures that arrests are made based on a reasonable basis rather than on speculation or hunches. It protects individuals from arbitrary detention and upholds the right to personal liberty, a fundamental legal principle in the justice system. In practice, this means that officers must articulate clear, objective reasons for their suspicion, which may include observations, information from reliable sources, or prior knowledge of the individual’s involvement in criminal activity.

The other options, such as evidence of guilt or witness testimony, are not required at the moment of arrest. An arrest can be made on suspicion even if further evidence is not immediately available. Similarly, while past arrests may contribute to an officer’s knowledge and experience, they do not constitute the required reasonable grounds for a lawful arrest in a current situation. Thus, the focus remains on the reasonable grounds for suspicion according to the current circumstances surrounding the alleged offence.