Police effecting an arrest pursuant to an outstanding warrant are not required to make further investigations to inform the arrestee of the charges underlying the warrant, particularly where the police do not have those details and the arrestee does not ask. The subsequent withdrawal of charges underlying a warrant does not retrospectively invalidate an arrest made pursuant to that warrant. Section 461(1) of the Crimes Act 1958 (Vic) confirms rather than negates the lawfulness of such an arrest. Public handcuffing and detention by police conveys at most an imputation of suspicion of criminal conduct, not guilt, and where the arrest and handcuffing are lawful and reasonable, the defence of justification will be established.
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