Some questions on Arbitrary Detention (1 Viewer)

[guy123]

In Australia, is there any legislation relating to Arbitrary Detention? I can't find anything, wether it be statute or common..

I'm doing an assignment, and I must provid a competent definition but the concept is so basic and I'm having difficulty expanding on what i've already written..
"Arbitrary detention is the act of detaining an individual without reason for arrest, lack of evidence or beyond the 4 hour legal minimum in Australia."

Thanks everyone

 

[enoilgam]

In Australia, is there any legislation relating to Arbitrary Detention? I can't find anything, wether it be statute or common..

I'm doing an assignment, and I must provid a competent definition but the concept is so basic and I'm having difficulty expanding on what i've already written..
"Arbitrary detention is the act of detaining an individual without reason for arrest, lack of evidence or beyond the 4 hour legal minimum in Australia."

Thanks everyone

The four hour limit and the extension provisions are covered by NSW law only. With arbitrary detention, the main case I would look at is Williams v R (1986), where the HCA ruled that arrest for the purpose of investigation is a form of arbitrary detention.