Taylor Rose specialises in bringing legal action against the police and other public authorities. We represent individuals who have been mistreated in the justice system by the police, prosecution services, in prisons, mental health settings and in other detention facilities around Australia.
We can assist you in making a complaint, pursuing disciplinary proceedings, and represent you in the full range of civil claims against the police and other authorities, including actions for:
False imprisonment is the unlawful restraint of a person by another person within a fixed area. A person can make a civil claim for false imprisonment under tort law. A person does not have to be actually ‘imprisoned’ to claim false imprisonment. Such a claim may arise wherever a person is unlawfully detained, including where someone is unlawfully arrested and kept in the custody of the police.
A claim for false imprisonment may be brought against the police or against, a prison, immigration detention centre or mental health institution, or against a private individual. Complaints to the police should generally be brought within 12 months of the date of the alleged incident. Claims for false imprisonment or wrongful arrest must be made within six years of the incident.
If you have been wrongly prosecuted, it may be appropriate to bring a claim for compensation for malicious prosecution.
There will be many factors that will determine whether such an action is advisable, including whether the officers were acting in bad faith or with malice and whether they genuinely believed that you were guilty.
We have acted for many clients making claims against the police for assault. Our team of lawyers are specialists in this area. Complaints to the police should be made within 12 months of the incident. Personal injury claims must be filed with the courts no later than three years after the incident or three years after the date the illness or injury was diagnosed.
If a police officer causes you to fear physical contact, this may amount to an assault. However, police are allowed to make physical contact in some situations, but the force used by police must be reasonable. If the police use more force than is reasonable in the circumstances, you may have a potential claim against them.
If you think you might be entitled to compensation or want to make a complaint against the police, please get in touch.