Under Queensland law, police are afforded a number of exclusive rights to best facilitate law enforcement and protect the welfare and safety of the public. Despite this, these powers are limited so as to not infringe upon the rights of individuals. If you have been involved in an incident where you were wrongfully arrested, falsely imprisoned, or in which an officer used excessive force in making an arrest, you may have a claim for compensation.
Not sure about your options? Have a confidential chat with our compensation specialists below:
Queensland legislation outlines a number of arrest powers that police must comply with. These powers govern:
- Arrest with a warrant
- Arrest without a warrant
- Lawful reasons for arrest
If you believe you have been wrongfully arrested you should contact a lawyer to discuss your rights and whether you may have a claim.
False imprisonment occurs when a person without lawful authority, acts to confine another person. As such, claims for false imprisonment are not limited to claims against police officers and may include personnel such as security guards.
Although the time for which you are falsely imprisoned may impact the award of your compensation, you may still have a claim even if you were only briefly held against your will.
It is important to note that even if the arrest was lawful, failure by an officer to comply with legislated rules and time limits may constitute a breach for which you may claim compensation.
The law affords police officers the right to use force in their dealings, provided it is reasonable in the circumstances. An officer who uses excessive force will be in breach of their obligations. If you have been involved in circumstances in which an officer has applied more force than necessary, you may compensated for this breach.