Do you have a compensation claim for false arrest?

In a recent matter, we acted for a client who attended a Police Station in response to attempts by Police to contact him.  He was immediately arrested without warrant for alleged breach of an Apprehended Violence Order.

The client agreed to participate in a recorded interview and was subsequently released approximately 1 hour and 20 minutes after the interview was concluded.

The client bought proceedings for wrongful arrest and false imprisonment.  When the matter went to trial, his claim was dismissed but he then appealed.

The key issue was whether the arrest was lawful where there was no positive intent to lay charges at the time of the arrest.  His appeal was allowed.  The Court determined that as no decision had been made to charge the person at the time of the arrest, the arrest was not for the purpose of commencing the criminal process and accordingly was unlawful.  The Court ordered that compensation be paid to the client and also to pay his legal fees.

It you think that you may have a compensation claim or you would just like to find out where you stand, call Peter Moore, Specialist Compensation Lawyer now on 4324 7699 for a free confidential chat.

 

Skills

Posted on

March 5, 2019

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