If you’ve been unlawfully arrested or held at a police station without lawful grounds, you may have a legal claim for compensation against the NSW Police Force. New South Wales law recognises unlawful detention and unlawful restraint as serious breaches of your right to liberty and civil rights. Taking action to protect your legal position starts with understanding what you can claim.
This guide explains what false imprisonment is, what you need to prove, the compensation available, and how to take legal action. If you’ve already read enough and want to seek legal advice, request your initial consultation here or call (02) 9261 4281.
What is False Imprisonment?
False imprisonment is the unlawful detention or arrest of a person without legal authority or consent. It is one of several intentional torts recognised under New South Wales civil law, and it entitles you to claim compensation from the police officer or the NSW Police Force responsible.
Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), police powers of arrest have strict limits. A police arrest is unlawful if:
- A police officer suspects you of an offence but had no reasonable cause or lawful grounds to act on that suspicion
- No warrant was issued and no legal basis existed for a warrantless arrest
- You were held in custody longer than legally permitted
- A police officer failed to inform you of the reason for your arrest
- You were arrested despite clearly establishing you had not committed the alleged offence
Even if the initial arrest was lawful, you can still claim false imprisonment if police kept you in custody after they no longer had reasonable grounds, for example, if evidence of your innocence emerged before you were released.
This type of claim falls under civil law claims against police. Related claims, including malicious prosecution, where criminal proceedings were brought and maintained against you without reasonable and probable cause, police brutality, and excessive force, may also be available depending on the circumstances of your arrest.
Elements of a False Imprisonment Claim
To succeed, you must establish four elements:
| Element | What You Must Prove | Evidence Required |
| Detention | You were physically restrained and not free to leave | Arrest record, police logs, custody records, witness statements |
| Without Lawful Authority | Police had no legal grounds for the arrest or detention | Records showing no warrant, absence of reasonable and probable cause, legal advice |
| Without Consent | You did not voluntarily agree to be detained | Your statements, witness accounts, custody records |
| Causation | The unlawful detention caused you loss or damage | Medical records, psychological reports, employment records, financial loss documents |
Our civil law team can advise you on which elements apply to your specific circumstances during a free initial consultation.
Critical Time Limits: Act Now
You have 3 years from the date of the incident to commence legal proceedings under the Limitation Act 1969 (NSW). This limitation period is a strict deadline; if you miss it, you lose your right to sue, regardless of the strength of your case.
This is a strict deadline, if you miss it, you lose your right to sue, regardless of the strength of your case.
The three-year period starts on the date you were released. For example, if you were wrongfully arrested on 15 June 2021, your deadline to issue proceedings is 15 June 2024.
Limited exceptions exist (such as when a claim was not reasonably discoverable), but these are narrow. Contact us immediately if you believe you have a claim.
Compensation Available for False Imprisonment
If you succeed, the NSW Government, through the NSW Police Force, is responsible for paying compensation. You may be entitled to three types of damages:
Compensatory Damages
Covers your actual losses and harm, including:
- Loss of earnings while in custody
- Legal costs incurred proving your innocence
- Medical treatment costs for personal injury suffered during arrest
- Loss of enjoyment of life during the period of wrongful detention
Aggravated Damages
Covers humiliation, distress, anxiety, and psychological harm caused by the unlawful arrest. Courts recognise wrongful imprisonment as a profound violation of liberty and award damages to reflect the emotional suffering you endured.
Exemplary (Punitive) Damages
Where police acted with deliberate or reckless misconduct, for example, maintaining criminal proceedings without reasonable and probable cause, or using excessive force during a police arrest, courts may award exemplary damages to punish the conduct and deter it in the future.
Typical settlement range: $15,000 to $250,000+
Amount depends on:
- Length and severity of the detention
- Circumstances of the arrest
- Psychological impact
- Financial losses
- Whether police conduct was reckless or deliberate
You may also be entitled to victims of crime compensation in addition to a civil claim, depending on your circumstances.
The Legal Process: From Complaint to Compensation
1. Formal Notice of Claim
Your solicitor sends a formal letter to the NSW Police Force detailing your claim, the facts, and the compensation sought. This gives police the opportunity to respond and settle before litigation. Complaints about police brutality or misconduct can also be made to the Law Enforcement Conduct Commission (LECC).
2. Gathering Evidence
We obtain arrest records, custody logs from the police station, body-worn camera footage, CCTV footage, witness statements, medical records, and psychological reports, the evidence critical to proving your case. Other forms of evidence, such as employment records and expert psychological assessments, are also gathered where relevant.
3. Negotiations and Settlement
In many cases, NSW Police will settle to avoid the cost and publicity of litigation. Your solicitor negotiates on your behalf to achieve the best possible outcome.
4. Court Proceedings (if necessary)
If negotiations fail, your solicitor files proceedings in the NSW District Court or Supreme Court of NSW. This involves document discovery, expert evidence, and a hearing before a judge who determines liability and damages.
Frequently Asked Questions
What is the time limit for suing NSW Police for false imprisonment?
3 years from the date of release, under the Limitation Act 1969 (NSW). This is a strict deadline, if you miss it, you lose your right to sue.
How much compensation can I get for wrongful arrest?
Settlements typically range from $15,000 to $250,000+. The amount depends on:
- Length of detention
- Circumstances of the arrest
- Psychological impact
- Loss of earnings
- Whether police acted recklessly
The longer the unlawful detention and the more severe the impact, the higher the compensation.
Do I need to prove I was actually innocent?
No. You only need to prove that police had no lawful grounds for the arrest or detention, not that you were innocent. If charges were withdrawn or you were acquitted, this strongly supports your claim. The focus is on whether police acted unlawfully.
What if police had a warrant?
If police executed a valid warrant, you generally cannot claim false imprisonment for the initial arrest. However, you may still have a claim if:
- Police kept you in custody after the warrant was set aside
- The warrant was obtained without proper grounds
- Police exceeded the scope of the warrant or mistreated you during execution
In these cases, other legal remedies, including police misconduct claims, may also be available.
Check out our other civil law case studies.
What evidence do I need to support my claim?
Key evidence to support a civil claim against police includes:
- Police custody records and arrest records
- Charge sheets (or evidence that charges were withdrawn)
- Witness statements
- Body-worn camera footage
- Medical records (if you were injured)
- Psychological assessments
- Employment records showing loss of earnings
- Any correspondence with police or prosecutors
We’ll guide you through gathering and preserving this evidence.
Don’t Let Your Claim Run Out of Time
Your three-year deadline is ticking. If you’ve been wrongfully arrested or detained by NSW Police, the sooner you act, the stronger your legal position.
Request your initial consultation by filling in the form below, or call (02) 9261 4281.
