Keywords: NSW Police; QLD Police; Local Court; False Imprisonment; s83(1) Service and Execution of Process Act 1992 (Cth)
DM, the Plaintiff, was stopped by police whilst driving in NSW and was informed by officers that he was subject to an arrest warrant in Queensland. DM was taken into police custody in NSW. The Plaintiff remained in a NSW Police Station for approximately 48 hours. DM was then transferred to another Police Station and spent a further 24 hours in custody before appearing before a magistrate in NSW.
The magistrate ordered the Plaintiff to be released from detention as s.83(1) of the Service and Execution of Process Act 1992 (Cth) had been contravened; that the Plaintiff was not taken before a magistrate as soon as practicable after being apprehended. The Police did not explain to the Plaintiff at any time during his detention why he was not brought before a magistrate.
O’Brien Criminal and Civil Solicitors were able to successfully assist DM by bringing an action against the State of NSW for false imprisonment. DM received a large settlement sum for compensation.
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