How Can a Police Misconduct Lawyer Help?
Police have significant powers, but those powers must be used lawfully and reasonably. Not every difficult interaction with police will lead to a legal claim. However, where there are concerns about unlawful conduct, early legal advice can help protect your position.
Our police misconduct lawyers assist with matters involving:
- Unlawful arrest
- False imprisonment or unlawful detention
- Malicious prosecution
- Excessive or unreasonable use of force
- Assault or injury during arrest or detention
- Racial profiling or discriminatory treatment
- Improper searches
- Complaints about police conduct
- Claims for compensation arising from unlawful conduct
We provide a careful assessment of your circumstances and advice that is honest, practical and tailored to your situation.
Learn more about your options after an unlawful arrest, false imprisonment or other police misconduct in our guide to Police Misconduct in Australia – You’re Not Alone.
Unlawful Arrest and False Imprisonment
Police can only arrest or detain a person where there is lawful authority to do so. If you were arrested without proper grounds, held unnecessarily or prevented from leaving without legal justification, there may be grounds to take further action.
False imprisonment refers to being unlawfully restrained or detained. It can cause significant disruption, including time away from work, emotional distress, legal costs and damage to your reputation.
Our lawyers can review the events leading up to your arrest or detention, the conduct of the officers involved and the information available to determine what options may be open to you.
Malicious Prosecution
Being charged with a criminal offence can affect every part of your life, even where the matter does not result in a conviction.
Malicious prosecution is a complex area of law. In general, a claim may require the person bringing it to show that:
- the criminal proceedings ended in their favour;
- the proceedings were commenced or continued without reasonable and probable cause; and
- the proceedings were motivated by malice — meaning a purpose other than the proper enforcement of the criminal law.
These matters require a detailed review of the charge, the outcome of the proceedings, the evidence available at the time and the conduct of those involved.
If you believe you were wrongly prosecuted, Sambi Legal can assess your circumstances and advise whether there may be a basis for further action. The High Court has confirmed that absence of reasonable and probable cause and malice are separate requirements in a malicious-prosecution claim.
Excessive Force, Assault and Injury
Police may use force in some circumstances, but the force used must be lawful and reasonable. If you were injured during an arrest, search or detention, it may be important to seek advice as soon as possible.
Relevant evidence can include:
- Medical reports and photographs of injuries
- CCTV, body-worn camera footage or mobile-phone video
- Witness details and statements
- Police documents, charge sheets or custody records
- Evidence of lost income, treatment costs or other financial loss
We can help identify the evidence that may be relevant to your matter and explain the appropriate next steps.
Racial Profiling and Discriminatory Treatment
If you believe you were targeted, searched, arrested or treated differently because of your race, ethnicity, nationality or another protected attribute, it is important to obtain legal advice.
The right pathway will depend on the specific conduct involved, the reason for the treatment, the relevant state or territory laws and the evidence available. Depending on the circumstances, options may include making a complaint about police conduct, pursuing a discrimination complaint or obtaining advice about other legal remedies.
Our team can listen to your account, explain the options that may be available and help you decide how you would like to move forward. Discrimination complaints and police-misconduct complaints are assessed through different legal and complaint pathways, depending on the facts.
Can You Claim Compensation?
Depending on the facts of your matter, you may be able to seek compensation for loss or harm caused by unlawful conduct. This can potentially include:
- Loss of liberty
- Physical or psychological injury
- Medical and treatment expenses
- Lost income
- Legal costs
- Damage to reputation
- Pain, suffering and emotional distress
The available pathway will depend on the circumstances, where the incident occurred, the evidence available and any relevant time limits. We will give you straightforward advice about the strengths, risks and likely process involved.
What Should You Do Next?
If you believe you have experienced police misconduct, it can help to take a few practical steps:
Record what happened
Write down the date, time, location, officers involved, what was said and what occurred. Include witness details where possible.
Keep relevant documents and evidence
Save photographs, videos, messages, medical records, court documents and correspondence connected to the incident.
Obtain legal advice early
Time limits may apply to complaints and compensation claims. Speaking with a lawyer early can help preserve your options and ensure important evidence is not overlooked.
If you are currently facing criminal charges, seek legal advice before discussing the matter publicly or making a formal complaint.
Why Choose Sambi Legal?
Police misconduct matters can feel overwhelming, particularly when you are already dealing with court proceedings, injury, stress or financial pressure.
At Sambi Legal, we provide:
- Clear legal advice without unnecessary jargon
- A careful review of the facts and evidence
- Honest guidance about your options
- Responsive communication throughout your matter
- Practical support focused on helping you move forward
We understand that your matter is personal. Our role is to make the process clearer and help you take informed action.
Frequently Asked Questions
Can I sue the police in Australia?
In some circumstances, it may be possible to bring a claim against a police service, government body or individual officer. Whether a claim is available depends on the facts, evidence and legal issues involved.
Can I claim compensation for an unlawful arrest?
Possibly. Compensation may be available where an arrest or detention was unlawful and caused loss or harm. A lawyer can assess the circumstances and advise on your options.
What if I am still facing criminal charges?
Current criminal proceedings should be handled carefully. Obtain legal advice before making a complaint or taking steps that could affect your defence or court matter.
How long do I have to take action?
Time limits can apply and vary depending on the type of claim and jurisdiction. It is best to seek advice as soon as possible.
Speak With a Police Misconduct Lawyer
If you believe you have been unlawfully arrested, falsely imprisoned, wrongly prosecuted or mistreated by police, Sambi Legal is here to help.
Book a confidential consultation to discuss your circumstances and understand your options.
If you’re dealing with a legal issue and aren’t sure where to start, we’re here to help. Contact Sambi Legal today to arrange your free initial consultation. We’ll listen to your concerns, explain your options, and help you decide on the next steps.
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