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Key decisions

  • State of NSW v Dennis [2025] NSWCA 118
  • Delaney v R [2025] NSWCCA 76

State of NSW v Dennis [2025] NSWCA 118

Police powers — state of mind to exercise arrest — power to impose bail without arrest

This is a civil appeal, but readers of this column need not fear; the consequences of the decision are wide-reaching and important for police powers in criminal matters. The Court of Appeal has found that, for the purposes of the power to arrest a person without a warrant, the actual, subjective knowledge of the police officer is the focus. However, that state of mind is reviewable provided it is legally unreasonable. The Court also found there is no power to impose bail conditions on a person without first arresting them.

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