Section 352(2) of the Crimes Act 1900 (NSW) does not require that an arrest be effected solely for the purpose of taking the arrested person before an authorised justice; an arrest for the purpose of questioning is not thereby rendered unlawful, particularly where ss 356C and 356D authorise detention for investigation. In malicious prosecution claims relating to the institution (as distinct from maintenance) of proceedings, the focus of the reasonable and probable cause inquiry is on whether the material before the prosecutor warranted setting the processes of the criminal law in motion, not on whether the police possessed admissible evidence sufficient to prove guilt at trial. A trial judge's active efforts to clarify a party's case and ensure expert witnesses address all relevant issues do not give rise to apprehended bias where the judge is performing duties under ss 56-58 of the Civil Procedure Act 2005.
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