Suing the Police – Wrongful Arrest and Malicious Prosecution
Nyman Gibson Miralis has the experience and resources to protect your civil rights from the time criminal charges are brought and defended, through to making claims for damages against the Police.
The maintenance of your rights and civil liberties is a fundamental tenet of our society. If it can be established that the Police have breached your rights, you may eligible to make a claim for compensation.
Over the past 10 years, Nyman Gibson Miralis has successfully secured millions of dollars in damages as a result of civil actions brought against the Police for the following claims:
- Malicious prosecution
- Wrongful arrest or unlawful arrest
- False imprisonment
- Battery (police brutality or excessive force)
- Misfeasance / Malfeasance in a Public Office
Claims against the Police are legally some of the most difficult claims to win because of a principle known as the ‘Briginshaw Standard’ as found in the case of Briginshaw v Briginshaw (1938) 60 CLR 336. Ordinarily there are two ‘standards of proof’ known to the law, namely:
- Beyond reasonable doubt – criminal
- Balance of probabilities – civil
Whilst civil claims against the Police are civil proceedings, because a serious allegation of misfeasance or improper conduct is involved, the Court must go one step further than being satisfied on the balance of probabilities, they must be comfortably satisfied.
Furthermore, the more serious the claim of the Police’s misfeasance or misconduct, the more comfortably satisfied the Court must be.
This means that a strong case has to exist to support of your claim. Whilst you may think you have a claim, it is crucial that the evidence is there to support your claim.
Nyman Gibson Miralis will take steps from the word ‘go’ to ensure that your charges are properly defended and that your case, if you are found not guilty, is prepared in the best possible way to claim and obtain damages.
Suing the Police is one of the most complicated civil claims. We make sure that your civil claim against the Police has the best chance at succeeding.
We have civil litigation and criminal defence lawyers and have successfully sued the NSW Police on numerous occasions. We can assist you with any type of civil suit against the police.