Malicious Prosecution Lawyers with Empathy and Care
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We’re malicious prosecution lawyers Sydney trust.
If you have been a victim of police brutality, you may be able to sue the Police for overstepping their powers without reasonable cause. Speak to one of our Malicious Prosecution Lawyers today.
Individual rights and civil liberties are fundamental tenets of our society. A claim for compensation can be brought against the police force if the police overstep their powers and violate a person’s rights without reasonable cause.
Claims by ordinary citizens against police are common. Each year hundreds of people bring claims for compensation against police for a variety of reasons. Some of the most common reasons ordinary citizens are suing police for are:
- Malicious Prosecution.
- Wrongful Arrest and False Imprisonment,
- Assaults by Police,
- Police use of excessive force,
- Wrongful Convictions
What am I likely to receive for Malicious Prosecution Compensation?
The answer to this question will depend on many factors including, the type of claim being brought against the police, whether the person has suffered a loss of income, the amount of legal costs incurred, whether the person has sustained an injury, the length of time spent in custody etc.
In some of these cases there is an overlap of claims, such as Malicious Prosecution and false imprisonment. In such cases there is some merging of damages between the two and it is often difficult to isolate and attach an amount to such claims.
Unlike other more common compensation claims– for example, negligence claims for a work injury or a motor vehicle accident – there is no accepted range of damages in the Commonwealth or the states or territories, established as a matter of practice.
Cases against NSW Police are heavily contested by the State of New South Wales. It is highly recommended that you contact an experienced and qualified Compensation Lawyer if you wish to pursue a claim against NSW Police.
If you have been a victim of police brutality, malicious prosecution or wrongful arrest, contact us on 1300 594 872 for a free initial consultation. It is our policy that we prosecute claims against police on a No Win, No Fee basis which means you do not have to pay anything upfront and if we don’t win, we don’t charge.
How Malicious Prosecution Claims Work
A claim for malicious prosecution is brought against the police when the police have wrongfully and with malice instituted or maintained criminal proceedings against another person. In order to be successful in a claim for malicious prosecution against police, a person must prove four things:
- The prosecution was initiated by the Police;
- The prosecution was terminated in favour of the accused;
- The Police acted with malice in bringing or maintaining the prosecution; and
- The prosecution was brought or maintained without reasonable and probable cause.
An example of Malicious prosecution is where a police officer has a personal vendetta against a person or lays criminal charges without real evidence.
If you have been a victim of a malicious prosecution, contact us on 02 9724 2549 for a free initial consultation. We can help you sue the police as we have done many times in the past.
Wrongful arrest and false imprisonment
False imprisonment is where a person’s liberty has been restricted without lawful justification for any period of time. Examples of false imprisonment can include:
- Wrongful arrest,
- Held in prison beyond the term of the sentence,
- Wrongful conviction,
- Detained for breach of bail when conditions should have been removed,
It is important to note that there is no requirement that the police intend to act unlawfully or to cause injury. In that regard, liability for false imprisonment may be considered as strict liability. For example, where a prisoner is held in detention beyond the terms of their sentence as a consequence of an honest mistake, the detention centre will be liable for false imprisonment.