This civil case study concerns the unlawful arrest of a young boy with Autism by plain-clothed police officers in Sydney. Our client was chased while riding his bike, taken to the ground and detained. In the end, no charges were ever laid.
O’Brien Criminal & Civil Solicitors acted for the young boy in a civil claim against NSW police. Our client’s family filed a civil claim against the State of New South Wales.
Background To The Unlawful Arrest
Our client was a juvenile riding his bike near his home. Suddenly, he was approached by plain-clothed NSW Police officers.
The officers chased him on foot. He was taken to the ground and physically restrained. He was detained briefly before being delivered back to his mother. In the end, no charges were laid. There was no criminal conduct that could justify the force used or the arrest itself.
Unlawful Arrest By NSW Police
Our young client lives with Autism. Being chased, tackled, and detained by strangers had a profound and lasting impact on him.
From his perspective, nothing he had done could justify the officers’ actions. The incident caused significant psychological harm.
Children with Autism can be especially vulnerable during police interactions. Sudden physical contact, unfamiliar faces and sensory overload can trigger acute distress. Guidance from Autism Spectrum Australia highlights the need for trauma-informed responses when engaging with autistic children.
Read our other Civil Law Case Studies.
The Civil Claim Against NSW Police
Our civil lawyers at O’Brien Criminal & Civil Solicitors commenced civil proceedings against the State of New South Wales. The claim included:
- Assault
- Battery
- False imprisonment
- Negligence
NSW Police officers must act within the powers given to them by the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
Outcome Of The Civil Claim
The matter was resolved on a confidential basis. Our young client received compensation to acknowledge the harm caused by the unlawful arrest. While no settlement can undo the trauma, the outcome gave the family a measure of accountability and closure.
Speak to Our Unlawful Arrest Lawyers In Sydney
If you or your child has been wrongfully arrested, assaulted or unlawfully detained by NSW Police, our experienced civil litigation team can help. Contact O’Brien Criminal & Civil Solicitors for confidential advice.
*We always change the names and other identifiable details in case studies to protect client privacy.
