Civil Action Against Queensland Police for Unlawful Conduct


Berry* was unlawfully arrested by Campbelltown Police on a previously revoked warrant. The incident was a clear violation of her rights, causing her significant distress and inconvenience.


Berry 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, Berry 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.

Unlawful Arrest:

Despite the warrants being revoked by the prosecution, the police visited Berry’s home the next day and told her she was to be placed under arrest for outstanding warrants. Berry explained her innocence and protested against the arrest. However, the officers took her DNA and placed her in a cell, where she was kept until the following morning.


O’Brien Criminal and Civil Solicitors took up the case and pursued a court action against the police for unlawful assault and battery. With their assistance, Berry was able to secure a significant settlement before the trial.

Protecting Your Rights with Experienced Lawyers:

If you believe you have been unlawfully arrested, assaulted or mistreated by the police, you may be able to pursue a claim for compensation.

O’Brien Criminal and Civil Solicitors can help you pursue your possible claim anywhere in Australia. Contact us today on (02) 9261 4281 or by email at .

*Names have been changed for client confidentiality


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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