Can Police detain you for the purpose of questioning?

Police officers have, of course, power to arrest and detain a citizen where they have reasonable and probable grounds for suspecting that a felony has been committed, and that he is the person who committed it. But this power is exercisable only for the purpose of taking him before a magistrate to be dealt with according to law for that felony. They have no power whatever to arrest or detain a citizen for the purpose of questioning him or of facilitating their investigations: Bales v Parmeter [1935] NSWStRp 8; (1935) 35 SR (NSW) 182; Ex parte Evers (1945) 62 WN (NSW) 146; Drymalik v Feldman, [1966] SASR 227; John Lewis and Co Ltd v Tims, [1952] AC 676, at pp. 686, 691; [1952] 

 

Regina v Banner (1970) Supreme Court of Victoria

 

BALES

 

 

If you appreciate our work, please click here to make a donation