Key Terms: NSW Police; Local Court; False Imprisonment; Assault, Battery; Police Mistake; Compensation for Plaintiff.
The Plaintiff, BST, was unlawfully arrested by Campbelltown Police on a previously revoked warrant. BST was scheduled to appear in one Local Court but mistakenly did not appear on the day Magistrate issued bench warrants for her arrest. A few days later, BST also had a separate matter listed at a different Local Court and when she appeared before the Magistrate he revoked her previous warrants under section 240 of the Criminal Procedure Act 1986. The next day, police visited BST’s home and told her she was to be placed under arrest for outstanding warrants. BST protested her innocence and explained the warrants had been revoked at the prosecution. BST was put in the officer’s vehicle and was taken to the police station. The officer took her DNA and placed her in a cell, where she was kept until the following morning.
O’Brien Criminal and Civil Solicitors acted for BST and brought a court action against the police for unlawful assault and battery. BST was given a significant settlement before the trial.