Below are the NSW police powers under the LEPRA:

Police Powers of Arrest

Under LEPRA, NSW police officers are allowed to arrest a person if they have a reasonable suspicion that the person has committed or is committing an offence. Police officers may also arrest a person if they have a warrant for their arrest, or if they believe that the person is about to commit an offence.

The sections of LEPRA that relate to police powers of arrest are primarily found in Part 4 of the Act, which includes sections 99-110. These sections outline the circumstances under which a police officer may arrest a person, the procedures that must be followed during an arrest, and the rights of the arrested person.

Some of the key sections that relate to police powers of arrest under LEPRA include:

• Section 99: This section outlines the circumstances under which a police officer may arrest a person, including when the officer has a warrant, when the officer believes on reasonable grounds that a person has committed or is committing an offence, and when the officer believes on reasonable grounds that a person is breaching an apprehended violence order.
• Section 100: This section outlines the procedures that must be followed when making an arrest, including the use of force, the requirement to identify oneself as a police officer, and the requirement to inform the arrested person of the reason for the arrest.
• Section 101: This section outlines the rights of a person who has been arrested, including the right to know the reason for the arrest, the right to contact a friend or relative, and the right to communicate with a legal practitioner.
• Section 102: This section outlines the procedures that must be followed when taking a person into custody, including the requirement to inform the person of their rights and the requirement to record details of the arrest.
• Section 104: This section outlines the powers of a police officer to search an arrested person, including the power to seize items that may be used to harm the officer or escape custody.
• Section 109: This section outlines the circumstances under which a police officer may release an arrested person without charge, including when there is insufficient evidence to lay charges or when the officer believes that it is not in the public interest to lay charges.

Search Powers

Police officers in NSW have the power to search a person, their property, or their vehicle if they have reasonable grounds to suspect that the person has committed an offence, or if they believe that the search is necessary to prevent a serious crime from occurring. However, there are certain rules and limitations to this power.

The Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) provides the police with various search powers. The sections of LEPRA that deal with police search powers include:

• Section 21 – Power to search a person if necessary for the purposes of conducting a strip search.
• Section 22 – Power to search a person in custody.
• Section 23 – Power to search a person and seize things found if the police officer has reasonable grounds to suspect that the person is in possession of stolen or unlawfully obtained property, prohibited drugs or items that may be used to commit or assist in the commission of an offense.
• Section 24 – Power to search a person and seize things found if the police officer has reasonable grounds to suspect that the person is carrying a dangerous item, such as a weapon or explosives.
• Section 25 – Power to search a person and seize things found if the police officer has reasonable grounds to suspect that the person is in possession of something that may be used to commit or assist in the commission of a terrorism offense.
• Section 26 – Power to search a person and seize things found if the police officer has reasonable grounds to suspect that the person is carrying something that may pose a threat to the safety or security of any person, such as a firearm or a bomb.
• Section 27 – Power to search a vehicle, vessel, or aircraft if the police officer has reasonable grounds to suspect that it contains stolen or unlawfully obtained property, prohibited drugs or items that may be used to commit or assist in the commission of an offense.
• Section 28 – Power to search a vehicle, vessel, or aircraft if the police officer has reasonable grounds to suspect that it contains a dangerous item, such as a weapon or explosives.
• Section 29 – Power to search a vehicle, vessel, or aircraft if the police officer has reasonable grounds to suspect that it contains something that may be used to commit or assist in the commission of a terrorism offense.
• Section 30 – Power to search a vehicle, vessel, or aircraft if the police officer has reasonable grounds to suspect that it contains something that may pose a threat to the safety or security of any person, such as a firearm or a bomb.

Use of Force

Police officers are authorised to use reasonable force when necessary to carry out their duties, including making an arrest or preventing an offence from occurring. However, excessive force is not permitted under the law, and police officers must always use the minimum amount of force necessary to achieve their objectives.

The sections of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) that relate to police use of force in New South Wales are:

• Section 230 – Reasonable force for making an arrest or taking action to prevent an escape
• Section 231 – Use of force to enter or search premises
• Section 232 – Use of force in executing a warrant
• Section 233 – Use of force to take a person into custody under a warrant
• Section 237 – Use of force in self-defence or defence of others
• Section 238 – Use of force to prevent a serious crime
• Section 249 – Use of force to protect a person from serious harm.

Rights of Detainees

If a person is arrested or detained under LEPRA, they have certain legal rights, including the right to be informed of the reason for their arrest, the right to contact a criminal defence lawyer, and the right to medical treatment if necessary.