Do You Have the Right to Sue the Police if They Arrest You Again

The protection of individual rights and ceremonious liberties is a fundamental tenet of our club. If the constabulary overstep their powers and breach a person's rights without reasonable cause, a civil merits for bounty may be possible.

Cases against the police force are difficult-fought by the Land of NSW. We recommend engaging an experienced defence lawyer before deciding to sue the police.

There are many unlike types of claims that tin can be made against the police, including:

• Malicious prosecution.
• Wrongful arrest and imitation imprisonment.
• Assault or battery (police brutality or excessive strength).
• Trespass to holding.
• Misconduct/malfeasance in a public office.

Examples of civil claims against the police

Malicious prosecution

Malicious prosecution tin can exist claimed when legal proceedings have terminated in your favour, and were brought against y'all without reasonable grounds or for an improper purpose with malicious intent. Proceedings are terminated in your favour if charges are withdrawn, dismissed, you lot are found not guilty of the offence/s, or in other circumstances where section 32 submissions are made in defence.

An example of malicious prosecution might include a police officer charging and prosecuting you without any real bear witness, or to harass you, with a malicious motive.

Wrongful arrest and false imprisonment

Wrongful abort and false imprisonment can be claimed when your freedom is restrained without lawful justification for any period of time. Examples include where you have been:

• Wrongfully or unlawfully arrested.
• Unjustifiably detained beyond the legal investigative flow.
• Arrested for breaching bail conditions which should have been removed.
• Held in prison house beyond the length of your sentence.

Assault or battery

Assault or bombardment can be claimed when the law crusade or threaten deliberate physical contact without consent or other legal justification. The police force have the right to use reasonable strength, then a claim volition have to show that the forcefulness used was excessive and went beyond what was necessary under the circumstances.

Malfeasance in a public office

Misconduct in public part is an offence under the common police force. If a public officer engages in conduct that is invalid or across power, and deliberately abuses their ability dishonestly, a merits for malfeasance in public office may exist brought.

Standard of Proof

Claims against the police are some of the almost difficult ceremonious claims to win considering of a principle known every bit the "Briginshaw Standard" constitute in the instance of Briginshaw v Briginshaw (1938) 60 CLR 336.

Under the common police force, there are two "standards of proof":

• "Beyond reasonable dubiety" – applies in criminal matters.
• "Residue of probabilities" – applies in ceremonious matters.

However, nether the Briginshaw Standard, for a serious allegation of misfeasance or improper conduct, a court must be more than satisfied on the balance of probabilities – they must exist "comfortably satisfied".

Claims against the constabulary fall into this category, and the more serious the merits of the police misconduct, the more "comfortably satisfied" the court must exist. This means that a strong case with compelling evidence, particularly documentary evidence, is needed to support the claim.

Damage suffered

For some claims such as assault, false imprisonment, and malicious prosecution, the plaintiff does not need to show that they sustained whatsoever injury or harm from the actions of the police. For others, such equally personal injury, it is necessary to show that an injury was suffered in order to prove the claim.

In both types of claims, the harm suffered, whether an injury or not, is still an important cistron in determining damages. Usually, the greater the injury or harm suffered, the more substantial the award for compensation will exist.

Often Asked Questions

I oasis't been charged or convicted - do I have a claim?

Yes, y'all may withal take a merits for compensation. While some claims such as malicious prosecution require you to be charged and found not guilty, a charge/conviction is not always required. For example, if y'all are seeking compensation for a wrongful arrest, you could have a right to amercement for the interference of your liberty, fifty-fifty if you lot were never charged.

I committed a minor offence but my abort was unnecessary - do I have a claim?

Yes, you may have a merits for bounty. Yous might accept committed the offence, but this does non hateful the police take a right to arrest you. Police tin can deal with criminal offences in a number of means, for example through penalty notices, Court Attendance Notices and Future Court Attendance Notices. Remember, the arrest must be "reasonably necessary" as outlined in section 99 of the Police force Enforcement (Powers and Responsibilities) Act 2002 (NSW).

How can we help?

We provide adept advice and representation in circuitous claims confronting NSW Police, and have successfully sued the constabulary on several occasions.

Contact us if you crave assistance.

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Source: https://ngm.com.au/sue-police-civil-claim/

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