June 18, 2013

Civil Actions for False Arrest and Unlawful Imprisonment

Suing the Police: Civil Actions Unlawful /False ArrestO’Brien Solicitors can represent you in an action against the NSW Police Force, other police agency, Director Of Public Prosecutions (DPP) or Corrective Services for false arrest and unlawful imprisonment, assault and battery and malicious prosecution. We are recognised as leaders in the area of law of wrongful arrest and malicious prosecution. This may result in a substantial settlement or win for you in court.

When can you have an action against the police?

Common occasions where a person may have an action against the police include;

  • Occasions where a person has been arrested and detained in relation to bail conditions or AVO conditions which have previously been varied, dispensed with or where such conditions no longer exist.
  • Occasions where a Magistrate has made a determination that the arrest and detention of a person was unlawful. This may include circumstances where the police did not have a power to arrest and circumstances where excessive force was used by the police to make an arrest.

O’Brien Solicitors have a significant practice in the conduct of civil actions against police (suing the police) for matters of unlawful arrest and unlawful imprisonment. Peter O’Brien is seen as a leader in the field and has been called upon to lecture other lawyers on the finer points of this area of the law. To see Peter’s conference paper on the topic of actions against the police – click here.

Sue the police for damages

O’Brien Solicitors have achieved outstanding success in this field of law, including successfully defending a practising lawyer who was unlawfully arrested. Not only were criminal charges against this lawyer dismissed in the Local Court (the Magistrate having disbelieved police evidence), O’Brien Solicitors went on to successfully sue the police for damages, achieving a settlement that well satisfied our lawyer client. If you have been unlawfully arrested and / or unlawfully imprisoned, contact Peter O’Brien – the lawyers’ lawyer.

To examine some cases of Unlawful Imprisonment / False Arrest Cases we have recently conducted, please click here.

We also are experienced in and able to conduct cases involving suing law enforcement in jurisdictions other than NSW. We have experience in Melbourne, Victoria; Adelaide, South Australia; Brisbane, Queensland; Darwin, Northern Territory; Western Australia and Tasmania.

Peter is an expert in running intentional tort litigation. He is also the co-author of a leading book in this area, covering all jurisdictions.

A testimonial from a recent client

Thanks Deo for helping me achieve a good outcome in my case!

I approached O’Brien Criminal and Civil Solicitors in regards to my civil matter. I had been unlawfully arrested and was originally not going to proceed with my claim because I didn’t think that I had a winning case. However Deo convinced me that I had a case and has been very helpful throughout the entire process. Deo explained the law and my case thoroughly. He was in constant contact throughout the entire process and kept me up to date with what was going on. I am extremely pleased with the outcome and it was exactly what I wanted.

I recommend to anyone with any problems that O’Brien Criminal and Civil Solicitors is the way to go!


Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 or 24 hour phone / text: 0421 373 961

Contact Us About Suing the Police

O’Brien Criminal and Civil Solicitors are located at:

Suite 504, Level 5
233 Castlereagh Street

  • Close to Central Local Court 
  • Opposite the Downing Centre