Possible Consequences of Breaching Provisions
Detention may become unlawful because the initial arrest was unlawful or because there have been subsequent breaches of provisions.
If there is unlawful detention:
- This may impact on search provisions, which may mean that any evidence obtained may be subject to exclusion under unfairness or public policy discretion.
- The accused entitled to use force to end arrest and officer may not be acting in execution of duty so no offence against police.
- Officer may be subject to civil or criminal liability (see eg. Coleman v Greenland [2004] QSC 037 and Bulsey v State of Queensland [2015] QCA 187).
If there is unlawful detention:
- This may impact on search provisions, which may mean that any evidence obtained may be subject to exclusion under unfairness or public policy discretion.
- The accused entitled to use force to end arrest and officer may not be acting in execution of duty so no offence against police.
- Officer may be subject to civil or criminal liability (see eg. Coleman v Greenland [2004] QSC 037 and Bulsey v State of Queensland [2015] QCA 187).