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We are a Sydney-based law firm who take on false arrest / unlawful imprisonment cases in all states and territories around Australia. This page contains information for people based in Queensland. If you are looking for representation in another location, please visit our main page here.
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O’Brien Criminal and Civil Solicitors can represent you in a civil claim against the Queensland Police Service.
If you have suffered abuse by the Queensland police, you may be able to sue the police for assault, battery, false arrest and unlawful imprisonment.
When can you sue the Queensland Police Service?
You might have a claim against the police if an officer has acted outside of their lawful powers. Some examples of situations where you might have a claim include:
- You have been arrested, charged and detained in relation to a criminal offence and these charges were later withdrawn.
- The Court has made a finding in your criminal matter that your arrest or detention was unlawful. This may include situations where the police arrested you using excessive force.
- You were arrested and detained in relation to bail or AVO conditions that were varied, dispensed with or where such conditions no longer exist.
Our Expertise
O’Brien Criminal and Civil Solicitors have a significant practice in the conduct of civil actions against police (suing the police) for unlawful arrest and unlawful imprisonment. The firm has achieved outstanding success in this field of law.
This includes a case where we successfully defended a practising lawyer who was unlawfully arrested. Not only did the Local Court dismiss criminal charges against this lawyer, the firm went on to successfully sue the police for damages. Consequently, the client achieved a satisfactory cash settlement.
Our unlawful arrest lawyers have experience in advising clients in Queensland.
For example, we assisted KW in his claim against the Queensland Police.
KW’s case was as follows. Whilst KW was going about his own business at a McDonalds restaurant in Surfers Paradise, he was approached by a police officer who spoke to him in a rude manner. He was later assaulted by the police, taken to the police station and placed in custody. Police laid charges of public nuisance and assault officer in execution of duty before transferring him to the Southport Holding Cells. Finally, the charges against him were eventually withdrawn.
Our firm represented KW in his claim against the police which they settled. KW got compensation for the unlawful behaviour of the police. Read more about his case here.
If you have an interest in reading about the other clients that we have assisted, you can view our list of false arrest and unlawful imprisonment case studies here
Suing the Police | Frequently Asked Questions
Yes, though it sometimes helps to finalise your existing criminal matter(s) before you commence a civil claim against the police. That being said, we are a full service criminal defence firm which means that we can represent you in your criminal matter(s), and then proceed to assist you in your civil claim against the police.
Yes. You do not need to be charged to make a claim against the police for assault, police brutality, wrongful arrest and false imprisonment.
Yes. You can make a civil claim against the police in situations where you were falsely arrested before being charged, the police used excessive force to arrest you, and/or where your detention was unlawful.
Yes. You do not need to be charged to make a claim against the police for assault, police brutality, wrongful arrest and false imprisonment.
Yes. You can make a civil claim against the police in situations where you were falsely arrested before being charged, the police used excessive force to arrest you, and/or where your detention was unlawful.
Speak to us about your matter. If we think you might have a successful claim, we can help you sue the police on a ‘no win, no fee basis’.
Contact Us
Unsure about whether you might have a civil claim against the police? Speak to one of our civil solicitors who can advise you on your legal options. Call us on (02) 9261 4281 to book your free first consultation.
