An arrest made solely for the purpose of investigation, with no intention to bring the arrested person before a judicial officer, is unlawful notwithstanding that the police had reasonable cause to suspect the person had committed an offence and notwithstanding Part 10A of the Crimes Act 1900 (NSW). A false statement by police to an accused prior to interview (here, that the complainant had alleged sexual assault when she had not) and failure to disclose the complainant's exculpatory statement are significant factors weighing against admission of a resulting confession under s 138(1) of the Evidence Act 1995.
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