Under s 99(1)(b) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), the question whether an arrest was 'reasonably necessary' is to be assessed by reference to the arresting officer's state of satisfaction, not the court's own view of the circumstances; that state of satisfaction can only be challenged on the basis that it was arbitrary, capricious or manifestly unreasonable. The question whether non-compliance with s 201 LEPRA necessarily invalidates an arrest, and whether the Project Blue Sky approach applies, remains open. The principled basis for recovering criminal defence costs as damages for wrongful arrest under Koumdjiev has been questioned.
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