Sydney man arrested on Virgin Blue flight

Discussion in 'Open Discussion' started by Yada Yada, Mar 28, 2006.

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  1. Yada Yada

    Yada Yada Established Member

    Dec 6, 2004
    1,872
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    1F
    It seems that the Virgin Blue crew handled the situation well. Nice to know.
     

  2. justinbrett

    justinbrett Active Member

    Mar 6, 2006
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    Sydney
    I was thinking, in the air - what state does the aircraft belong to? Sure, as a domestic flight and Australian registered aircraft the Federal Police would have authority - but NSW Police, I would have thought had no power to arrest people.

    To me it would be no different that a NSW policeman holidaying in Perth arresting someone on the street there.
     
  3. N860CR

    N860CR Established Member

    Nov 30, 2004
    3,253
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    Brisbane & Sydney
    Interesting thought... I just had a quick look through the Civil Aviation Regs/Orders and couldn't find anything. I'd say he probably wasn't "arrested" as such, rather just restrained and then handled by the AFP upon arrival in PER
     
  4. thadocta

    thadocta Active Member

    All sworn Australian police officers from any jurisdiction have powers anywhere in Australia, the same as special constables. This is mainly to allow officers close to a state border (Coolangatta/Tweed Heads, Albury/Wodonga, Mildura/Euston, as examples) to cross the border in the execution of their duties, it prevents a NSW Highway Patrol vehicle from having to terminate a pursuit merely because the offender crossed a state border.

    In this case the NSWPol officers certainly would have been exercising actual authority to arrest the alleged offender, and the arrest was indeed lawful, to the point that any resistance could result in a charge of resisting arrest.

    Dave
     
  5. thadocta

    thadocta Active Member

    A NSW officer holidaying in Perth would have the same powers as a NSW officer in Perth on duty (for an extradition or an investigation). And would be expected to act on the same basis as if he saw an offence being committed whilst he was off-duty in Sydney.

    A sworn officer is expected to act - within reson - 24/7, whether on duty or not.

    Where the "within reason" clause kicks in is in relation to various matters which local police would know about - the nature of the offence in that jurisdiction (might be totally different to what the officer is used to), reduced action due to racial tensions, lack of appropriate equipment carried by the off-duty officer concerned, level of intoxication of the off-duty officer concerned, that sort of thing.

    Most people who are sworn police officers would not turn a blind eye to an offence which occurred in front of them, and an arrest by a NSWPol officer whilst holidaying in Perth is just as valid as an arrest by an on-duty WAPol officer. It would however be a defence to a "resisting arrest" charge if the officer did not have his badge and warrant card with him (which most don't whilst holidaying).

    Dave

    Editted for tye-po
     
  6. NM

    NM
    Moderator

    Aug 27, 2004
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    And of couse if the arresting officer is required to attend a court case, he gets another trip interstate - I assume at the expense of the state where the court session is being held.
     
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