Can I be arrested by the Police without evidence of my guilt?

There are a number of circumstances where Police have powers to arrest you. These can include:

  • They have reasonable suspicion that you have (or are about to) commit an offence;
  • They have a warrant for your arrest;
  • They have stopped you from breaching the peace (i.e. threatening violence);
  • They believe on reasonable grounds that you have breached bail conditions; or
  • They need to serve an Apprehended Violence Order (AVO).

A charge is a formal accusation that a person has committed an offence and, as with some of the powers of arrest, does not necessarily need to be supported by evidence at that time. Police may have reasonable suspicion that a person has committed an offence relying upon evidentiary material which may then be available. This could include:

  • Testimony, including victim and witness statements;
  • Hard evidence such as CCTV footage or forensic evidence; or
  • Documents, for example, bank statements or photographs.

This evidence will be presented at the trial to support or prove the facts in the Police case. Such evidence is considered by the judge, jury or magistrate to determine the guilt or otherwise of the accused. Ultimately, the guilt of the accused needs to be established beyond a reasonable doubt. In the event that the Police are unable to satisfy this burden then the accused will be found not guilty.

Brydens Lawyers are experts in the defence of all criminal matters. Should you require legal advice and representation with respect to any criminal matter then contact Brydens Lawyers without delay on 1800 848 848 or contact us at brydens.com.au. Brydens Lawyers #WE DO criminal matters.