Client Unlawfully Arrested After Police Investigate Alleged AVO Violation
Facts: Arrest for purpose of investigation of AVO violation followed by ERISP
Police attended JR’s residence. After a brief discussion with police, JR was arrested. The police told JR that this was needed to further ascertain JR’s version of events. At the station, JR was participated in an ERISP (Electronic Recorded Interview of a Suspected Person) under the Law Enforcement (Powers and Responsibilities) Act (LEPRA), which went for approximately 40 minutes. Following the interview, the Police decided not to lay charges and JR returned home.
At the time of the arrest, the police did not have reasonable grounds to arrest JR. As a result, JR was arrested for the purpose of further investigation and not for a lawful purpose.
Outcome: Sue NSW police for Assault and False Imprisonment
O’Brien Criminal and Civil Solicitors were able to successfully assist JR by suing the police for false imprisonment and assault. The matter was settled prior to trial and JR was compensated appropriately.