Expert False Arrest Lawyers in Sydney & Nationwide
Fighting for Your Freedom and Rights After an Unlawful Arrest
Trusted & Recommended by Clients. Let by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
We have an unparalleled history of successfully suing the police for false arrest and unlawful imprisonment, securing substantial compensation for our clients. No other firm has the depth of our experience in this specific area.
Deep Expertise in Unlawful Detention Law
Our lawyers possess in-depth knowledge of police powers, bail laws, and the specific legislation that governs lawful arrest and detention in Australia. We are experts at identifying procedural errors and misconduct.
Personalised & Strategic Defence
We understand that every wrongful arrest is a unique and distressing experience. We tailor our legal strategy to the specific facts of your case to build the strongest claim possible for maximum compensation.
No Win, No Fee*
We believe everyone deserves access to justice. Our no win, no fee arrangement means you can pursue your claim against the police without any upfront costs or financial risk.
What Constitutes False Arrest & Unlawful Imprisonment?
Arrest Without Reasonable Cause
Police cannot arrest someone on a mere hunch or vague suspicion. They must have reasonable grounds to suspect you have committed, are committing, or are about to commit an offence. We specialise in challenging arrests made without a proper legal basis.
Unlawful Detention or Imprisonment
This includes being held in a police cell for an unreasonable amount of time without being charged or taken before a court. It also applies if you are denied release after meeting bail conditions or if your detention is prolonged unnecessarily.
Arrest Based on Mistaken Identity
Cases where a person is wrongly arrested due to incorrect identification by witnesses or flawed police information are a serious breach of your rights. We work to prove the error and secure compensation for the ordeal you endured.
Malicious Prosecution
If you were charged with a crime based on a case brought with malicious intent and without probable cause, which was later terminated in your favour, you may have a claim for malicious prosecution. This covers the damage and distress caused by having to defend yourself against baseless charges.
Improper Use of Arrest Powers
An arrest may be unlawful if police use their power for an improper purpose, such as to intimidate, question, or search you when they lack the grounds to do so. Arresting someone for a minor infraction that could be dealt with by a summons may also be deemed unlawful.
Failure to Inform of the Reason for Arrest
When being arrested, you have the legal right to be clearly informed of the reason for your arrest. If police fail to explain the offence you are being arrested for, or do so in vague or misleading terms, the arrest may be deemed unlawful. Our lawyers ensure your rights are upheld and challenge any breach of this fundamental legal requirement.
Protecting Your Rights After a False Arrest
At O’Brien Criminal and Civil Solicitors, we take immediate and decisive action to protect your rights and build a powerful compensation claim. We understand the urgency of these matters and move quickly to secure the evidence needed to win your case.
We meticulously gather all relevant evidence, including police body-cam and custody footage, internal police records (such as the police notebook and COPS event log), witness statements, and any available CCTV.
Our lawyers are skilled negotiators. We engage directly with police and government legal teams to negotiate a settlement, aiming to secure compensation for you without the stress and cost of a full court trial.
If a fair settlement cannot be reached through negotiation, our expert litigators are prepared to aggressively represent you in court. We have a formidable reputation for fighting and winning against police in court proceedings.
Meet Our Specialist Police Claims Team
With decades of combined experience, our civil law team is renowned as Australia’s leading firm for actions against the police. Led by firm founder and Principal Solicitor, Peter O’Brien, our dedicated team has achieved landmark victories in false arrest and unlawful imprisonment cases across the country, including in the High Court of Australia.
Our lawyers are Law Society Accredited Specialists, representing the highest attainable level of expertise in civil litigation.
Achieving accreditation requires solicitors to complete a rigorous assessment process conducted by the Law Society of New South Wales. This process ensures that each Accredited Specialist has demonstrated a superior level of skill, knowledge, and practical expertise in their chosen field of law.
The False Arrest Claim Process
1. Free Initial Consultation
Contact us for a free, confidential discussion about your arrest. Our specialist lawyers will assess the strength of your claim, provide clear advice, and explain our no win, no fee arrangement.
2. Investigating & Building Your Case
Your dedicated lawyer will launch a thorough investigation and compile a comprehensive brief of evidence. This is used to prove the arrest was unlawful and to detail the damages you have suffered, including humiliation, loss of liberty, and any financial loss.
3. Communication & Updates
We provide clear, consistent communication throughout your case. You will be kept informed of all progress and remain involved in every key decision regarding your case strategy.
4. Pursuing a Resolution
We work tirelessly to secure the best possible outcome. This is most often a negotiated settlement for a substantial sum of compensation, but we are always ready to proceed to a court hearing to get you the justice you deserve.
Remember: False arrest and unlawful imprisonment cases are highly complex and emotionally challenging. Seeking expert legal advice is vital to ensure your rights are protected and justice is served. Our experienced civil lawyers specialise in holding authorities accountable, guiding you through every step of the process, and fighting to secure the compensation and vindication you deserve.
What to Do if You Have Been Falsely Arrested
The actions you take immediately following a false arrest or unlawful imprisonment are critical. To protect your legal rights and strengthen your potential claim, you should follow these steps.
- Document Everything
- As soon as possible, write down every detail you can remember. This includes the date, time, and location of the arrest, the names or badge numbers of the officers involved, what was said by all parties, and the contact information for any witnesses.
- Preserve Evidence
- Keep all paperwork given to you by the police, such as a charge sheet, bail documents, or a court attendance notice. Save any photos, videos, or text messages related to the incident, and note any physical injuries you sustained.
- Limit Your Statements
- You have the right to remain silent. Do not agree to a formal police interview or provide a detailed statement to police without a lawyer present to advise you. Anything you say can be used against you.
- Seek Legal Advice Immediately
- Strict time limits apply for suing the police. You must contact a specialist false arrest lawyer as soon as possible to ensure you do not lose your right to make a claim for compensation.
Key Considerations for Your Claim
- Act Quickly
- In most states, you have a limited time to commence legal proceedings against the police. Prompt action is essential to preserve evidence and your legal rights.
- Know Your Rights to Compensation
- You have the right to seek compensation, known as damages, for the loss of liberty, humiliation, distress, damage to your reputation, and any financial losses you suffered as a result of the unlawful conduct.
- Let Our Experts Handle It
- Suing the police is a complex and specialised legal field. Our lawyers have the expert knowledge, resources, and determination to navigate the process and hold authorities accountable for their actions.
Remember: You don’t have to face this alone. The civil law experts at O’Brien Criminal & Civil Solicitors are here to stand by you, protect your rights, and fight your case through court proceedings or mediation. Our team is committed to achieving justice and fair compensation for those who have been wrongfully arrested, unlawfully detained, or mistreated by authorities.
We handle a wide range of civil claims, from actions against the police to compensation for unlawful detention and historical abuse, with professionalism, empathy, and determination. In many cases, we offer a no-win, no-fee arrangement, giving you the confidence to pursue your case without financial risk.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter
Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.
Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.
I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!
They stick up for the little guy. Keep it up!
O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.
As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.
FAQs on Civil Claims
False arrest is the act of detaining a person without legal justification. Unlawful imprisonment is the deprivation of a person's liberty that follows the arrest, for any period of time, without lawful authority.
False Arrest: This happens at the moment police take away your freedom without following the strict legal requirements, such as arresting you without reasonable suspicion.
Unlawful Imprisonment: This refers to the entire period you are held against your will, whether for minutes in a police car or hours in a cell, as a direct result of the false arrest. It can also occur if you are held in custody longer than legally permitted, even if the initial arrest was lawful.
Strict time limits apply, and it is crucial to seek legal advice as soon as possible.
If your claim includes personal injury (like a physical injury or a diagnosable psychological condition from the event), you generally have 3 years from the date of the incident.
For claims that do not involve personal injury, such as the deprivation of liberty alone, the time limit is typically 6 years.
Courts rarely grant extensions, so acting quickly is essential to protect your right to claim compensation.
Yes, you can sue for false arrest even if you were charged with an offence. The civil claim for compensation is entirely separate from the criminal proceedings against you.
Many successful false arrest claims arise in situations where:
The charges against you were ultimately withdrawn by the police or dismissed in court.
You were found not guilty of the charges at a hearing or trial.
The police used an arrest for an improper purpose, even if you were charged.
The key question is whether the arrest itself was lawful at the time it was made, regardless of the outcome of the charges.
A "no win, no fee" agreement means you do not have to pay for our professional legal fees unless we win your case.
If you win: Our legal fees are calculated as agreed and typically paid from the compensation you receive.
If you lose: You will not have to pay our professional fees. However, you may still be responsible for "disbursements," which are the out-of-pocket expenses paid to third parties, like court filing fees or the cost of expert reports. In some circumstances, you may also be ordered to pay the other side's legal costs.
We will provide you with a comprehensive costs agreement that clearly explains what a "win" means and what expenses you might be liable for.
The amount of compensation varies significantly based on the specific circumstances of your case. An award for damages is intended to compensate you for the harm you have suffered. Factors that influence the amount include:
The length of time you were unlawfully imprisoned.
The humiliation and distress caused by the arrest.
Any physical or psychological injuries sustained.
Damage to your reputation.
Any loss of income or other financial losses.
While every case is different, settlements and court-awarded damages in NSW have ranged from thousands to hundreds of thousands of dollars. NSW Police pay millions each year in compensation for wrongful actions.
No, police do not always need a warrant. However, their power to arrest you without a warrant is strictly limited by law in NSW.
Under the Law Enforcement (Powers and Responsibilities) Act 2002, an officer can only arrest you without a warrant if they suspect on reasonable grounds that you have committed or are committing an offence, AND they are satisfied the arrest is "reasonably necessary" for a specific reason (such as to stop you from fleeing, to establish your identity, or to protect the safety of any person). If the arrest was not reasonably necessary in your circumstances, it was likely unlawful.
Strong evidence is crucial for a successful claim. Your solicitor will help you gather what is needed, which may include:
Your detailed account of what happened, written down as soon as possible.
The names and contact details of any witnesses.
Photographs of any injuries you sustained.
Medical records from a doctor or hospital.
Police documents, such as the charge sheet, bail papers, or Court Attendance Notice.
Records of financial loss, such as payslips showing lost income.
An application to access the police body-worn camera footage and the police notebook entries.
Most false arrest and unlawful imprisonment claims against the NSW Police are resolved within 12 to 24 months. The exact timeline depends on several factors:
The complexity of the case.
The time it takes to gather necessary evidence from the police and other sources.
Whether the State of NSW is willing to negotiate a settlement early.
Many cases settle at a mediation conference without needing to go to a final court hearing. Your lawyer will provide a more specific timeline after assessing your case and will keep you updated throughout the entire process.
Civil Law Case Studies
- Nicole Byrne
- May 12, 2026
This case concerns the unlawful arrest of a First Nations elder who was peacefully
- Nicole Byrne
- April 28, 2026
This civil case study concerns the unlawful arrest of a young boy with Autism
- Nicole Byrne
- April 25, 2026
False Imprisonment Claim: When an Aboriginal mother called her local police station asking for
- Nicole Byrne
- April 28, 2026
This case study concerns the unlawful arrest of a young man outside a licensed
- Nicole Byrne
- April 3, 2026
A former inmate at Dillwynia Correctional Centre successfully pursued civil action after being exploited
- Nicole Byrne
- March 31, 2026
A routine police stop in NSW escalated into an unlawful arrest, physical force, and
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