Wrongful Arrest and False Imprisonment
The Police are granted powers of arrest to ensure the safety and welfare of our society. They are granted those powers, to be used only when appropriate and necessary to do so. Your liberty to move and do as you so wish is a basic human right. Therefore, if you are to be arrested, it must only be done where necessary.
If you have been deprived of your civil liberties, then you may be entitled to compensation. Our lawyers know how to detect police misconduct and can advise whether you may sue the Police for compensation.
The Law on Wrongful Arrest, False Arrest and False Imprisonment
The Police are allowed to arrest with and without a warrant. If the police do not have a warrant, then the Police are given limited grounds and powers under the Law Enforcement (Powers and Responsibilities) Act 2002. The Police are only allowed to arrest you if:
1. The police officer suspects on reasonable grounds that you are committing or have committed an offence and
2. The police officer is satisfied that the arrest is reasonably necessary for one of the lawfully permitted reasons.
The law provides the following reasons for an arrest without a warrant:
- To stop you from committing or repeating the offence or committing another offence,
- To stop you from fleeing from a police officer or from the location of the offence,
- To enable inquiries to be made to establish your identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false,
- To ensure that you appear before a court in relation to the offence,
- To obtain property in your possession that is connected with the offence,
- To preserve evidence of the offence or prevent the fabrication of evidence,
- To prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,
- To protect the safety or welfare of any person (including you),
- Because of the nature and seriousness of the offence.
Whilst the greater majority of arrests are lawful and are conducted with proper purpose, some are not. It is these wrongful arrests that may involve the deprivation of your liberty that should not be swept under the carpet and forgotten. Being arrested without cause can be a humiliating process and incredibly demeaning.
Once arrested, the Police then have an option to release you on bail, or alternatively, refuse bail and require you to go before a Court for the purposes of a release application.
Any time after being arrested and before being released is time that you are considered to be imprisoned. Therefore, any time following your wrongful arrest until your release may be unlawful. This could be anything from minutes to months.
Being arrested and imprisoned results in the deprivation of one of the most fundamental rights, which is your right to freedom. If the arrest is wrongful and the imprisonment unlawful, then this is not something that can or should go forgotten. The law considers wrongful arrest and false imprisonment a serious matter and those that have suffered may be eligible for compensation.
Nyman Gibson Miralis is able to assist you if you have been wrongfully arrested and /or falsely imprisoned.
Some of the common questions we get are:
1. I was only arrested for a couple of minutes, do I have a claim?
Yes you may still have a claim. However the amount of compensation you may get will generally increase with the time you have been arrested and imprisoned.
2. The Police arrested me for a serious charge, but the charges were dismissed by the Court, can I still claim for wrongful arrest and false imprisonment?
Possibly. Whilst one of the lawfully permitted reasons for an arrest is because of the seriousness of an offence, If the Police officer who arrested you knew that the charges were bogus, then there may never have been a basis to arrest you to begin with, that is, they didn’t suspect on reasonable grounds that an offence had been committed. You may also want to consider whether you have a claim for being maliciously prosecuted.
3. The Police arrested me for a minor charge, I did commit the offence but I don’t think it was necessary for them do arrest me, should I explore whether I have a claim for compensation?
Yes. Whilst you may be guilty of committing an offence, this does not mean the Police have a right to arrest you. Police can deal with criminal offences in a number of ways without needing to arrest you, for example – penalty notices, field Court Attendance Notices and Future Court Attendance Notices. Remember, the arrest must be reasonably necessary.
If you have been arrested wrongfully and imprisoned illegally, do not let it be swept under the rug. Speak to our team today about whether you have a claim for compensation.
What do I do About False Imprisonment and Wrongful Arrest?
Whether or not you have been charged with a criminal offence, iIf you have been arrested wrongfully and imprisoned illegally, do not let it be swept under the rug.
Seeking compensation against the police is an area of expertise for our false imprisonment and wrongful arrest lawyers. The solicitors that will manage your case at Nyman Gibson Miralis have the unique position of knowledge and experience with criminal law and civil litigation. This is something that ensures that your civil rights are protected and sees that you are rightfully compensated for any breach of your civil rights.
We have civil litigation and criminal defence lawyers working from our Sydney and Parramatta offices and representing clients throughout Sydney and NSW. We can assist you with any type of civil suit against the police.
If you need advice from one of our criminal defence lawyers, contact us immediately at either our Sydney or our Parramatta offices. Call 1800 NOT GUILTY 24 hours per day, 7 days per week, and arrange a free conference today.
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