Conditional Bail dispensed by Magistrate
Steve* got conditional bail where his conditions were to report to the police station once every day.
After appearing at the Downing Centre Local Court, in Sydney’s CBD, the Magistrate determined Steve’s bail be dispensed. This meant this reporting conditions was no longer in force.
Police arrest Steve after failing to appear at station
Police went to his house to arrest Steve for not showing up to the police station to report himself.
Steve was unable to find the documents to prove the removal of his conditions. Police officers put their hands on Steve to escort him out of his house and subsequently arrested him. Police charged him for failing to comply with a bail condition. He appeared before the local court where the Magistrate dismissed the detention application because his bail was dispensed. Steve then gained a release from police custody.
Civil lawyers sue police for false imprisonment and assault
O’Brien Criminal and Civil Solicitors acted for Steve and filed a strong claim against the State of New South Wales police for false imprisonment and assault.
We claimed that Steve’s arrest was unlawful as the officers did not have reasonable grounds to believe that Steve failed to comply with a bail condition pursuant to s 77(1) Bail Act 2013 (NSW). Further, the officers did not have reasonable grounds to suspect any of the circumstances in s 99 of LEPRA existed. Nor was the arrest reasonably necessary for the purposes laid out in s 99(1)(b) of LEPRA.
Successful settlement secured
With the help of our experienced legal team, we were able to successfully settle the matter before going to court. Our client got monetary compensation and his legal costs were paid for.
