A party who wishes to rely on the unlawfulness of an apprehension or detention (including failure to comply with common law arrest requirements) as relevant to whether force used was reasonable must plead that matter specifically, or at the latest raise it at the opening of trial; raising it for the first time in supplementary submissions after trial is too late. The question whether common law arrest requirements (Christie v Leachinsky warnings) apply to apprehension under s 22 of the Mental Health Act 2007 (NSW), given the exclusion of Part 15 of LEPRA by s 201(3), remains unresolved.
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