Suing the Police - Wrongful Arrest / Malicious Prosecution
Nyman Gibson Miralis, a premier full service criminal defence firm, has the experience and resources to protect your civil rights from the time criminal charges are brought and defended, through to making claims for damages against the Police.
The maintenance of your rights and civil liberties is a fundamental tenet of our society. If it can be established that the Police have breached your rights, then you may eligible to make a claim for compensation.
Over the past 10 years, Nyman Gibson Miralis has successfully secured millions of dollars in damages as a result of civil actions brought against the Police for the following claims:
- Malicious prosecution
- Wrongful arrest or unlawful arrest
- False imprisonment
- Battery (police brutality or excessive force)
- Misfeasance / Malfeasance in a Public Office
Claims against the Police are legally some of the most difficult claims to win because of a principle known as the ‘Briginshaw Standard’ as found in the case of Briginshaw v Briginshaw (1938) 60 CLR 336. Ordinarily there are two ‘standards of proof’ known to the law, namely:
1. Beyond reasonable doubt – criminal
2. Balance of probabilities – civil
Whilst civil claims against the Police are civil proceedings, because a serious allegation of misfeasance or improper conduct is involved, the Court must go one step further than being satisfied on the balance of probabilities, they must be comfortably satisfied.
Furthermore, the more serious the claim of the Police’s misfeasance or misconduct, the more comfortably satisfied the Court must be.
This means that a strong case has to exist to support of your claim. Whilst you may think you have a claim, it is imperative that the evidence is there to support your claim.
Nyman Gibson Miralis will take steps from the word ‘go’ to ensure that your charges are properly defended and if you are found not guilty, ensuring that your case is prepared in the best possible way to claim and obtain damages. We have the experience to know that suing the Police is one of the most complicated civil claims. We make sure that your civil claim against the Police has the best chance at succeeding.
I haven’t been charged, or I have been found/plead guilty, is it possible that I have a claim?
Yes! Many people believe that you need to be charged and/or found not guilty to have a civil claim against the Police – this is wrong.
Whilst some claims are dependant upon you being charged and found not guilty (e.g. malicious prosecution) you may still have a claim.
For example, you may be guilty of an offence, but that does not mean that you should have been arrested and/or imprisoned. Alternatively, you may have been arrested but never charged – you may have still a right to damages for the interference of your liberty.
If you are seeking compensation for a false arrest or compensation for false imprisonment, you may have a claim.
What must I do to sue the Police?
Nyman Gibson Miralis is dedicated to seeing that you are provided with timely and accurate legal advice concerning any possible claim for compensation.
There is an old lawyers saying that ‘cases are won or lost in preparation’. Nyman Gibson Miralis thoroughly prepares your case to ensure every prospect of success. Whether you are looking for a lawyer to defend you against criminal charges or you are seeking our advice after you have already been found not guilty, we are available to help you.
You need a lawyer to protect your civil rights. Contact the lawyers with experience in suing the police. Contact Nyman Gibson Miralis now to get advice on whether you have a claim for damages compensation against the Police. We have civil litigation and criminal defence lawyers and have successfully sued the NSW Police on numerous occasions. We can assist you with any type of civil suit against the police.
Contact one of our criminal law specialists immediately at either our Sydney or our Parramatta office. Call 1800 NOT GUILTY 24 hours per day, 7 days per week, and arrange a free conference today.
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