Excessive Force by Police

Carter Capner Law handles claims for a wide range of claims against the police. If you have been involved in an incident where you sustained a severe injury because an officer used excessive force in making an arrest, speak to our police misconduct lawyers to discuss if you may have a compensation claim.

Do you have a claim?

Start your online claim check now. if you have a question, get in touch with our Police Misconduct Lawyers.

Do you have a potential claim against police?

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What to do if you have been unfairly treated by the police?

When a police officer acts outside their power and authority or breaks the law, you may be able to make a compensation claim. Unlawful conduct by police ranges from assault (excessive force) to wrongful arrest. Some examples of situations in which you might be claimed include:

  • In circumstances where the police use excessive force to detain you and cause injury.
  • You were convicted, charged and imprisoned on evidence found to have been fabricated with the knowledge of the prosecuting police.
  • Where a person is detained for allegedly breaching bail or AVO conditions, which have in fact been varied or dispensed with.

You are entitled to secure the services of Police Misconduct Lawyers whose deep knowledge and experience in police misconduct claims give them the confidence to take on your police misconduct injury claims charging no upfront fees and only getting paid on success.

Call or email today to get expert advice from the Police Misconduct Lawyers at Carter Capner Law.



Officers can only use force in specified circumstances. Persons seriously injured by heavy handed repression techniques where the same cannot reasonably be justified may have an entitlement to compensation. Get in touch with our expert Police Misconduct Lawyers today.


Excessive force

The law affords police officers the right to use force in making arrests or detaining offenders, provided it is reasonable in the circumstances. An officer who uses excessive force in the circumstances is potentially liable to a person injured as a result of the use of that force.

Don’t delay your right to claim for compensation, speak to one of our Police Misconduct Lawyers today.


False imprisonment & wrongful arrest

This type of situation arises where a person is detained either in custody or informally, on mistaken grounds or where police have not met the statutory prerequisites for making the detention.

It can also apply to prisoners who are not released from custody at the time and on the date when such release or to have occurred i.e. at the end of all periods of Casto deal detention.


Malicious prosecution

Persons charged with a criminal offence on evidence that is proven to be – with the knowledge of the prosecuting authority – highly suspect or false, might succeed in a “malicious prosecution” claim.

This is a very high bar for a successful claimant to meet.

The police wrongfully arrested me. What can I do?

Queensland legislation outlines several 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 our Police Misconduct Lawyers to discuss your rights and whether you may have a claim.

I was falsely imprisoned, do I 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 legislation rules and time limits might constitute a breach for which you may claim compensation.

To find out what else you are entitled to claim, contact our Police Misconduct Lawyers today.

The police struck me with their baton/torch. Does that count as an excessive force?

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 be compensated for this breach.

It is recommended to speak to a Police Misconduct Lawyers to discuss how to take the best course of action.

Types of misconduct claims against police.

Under Queensland law, police are afforded several exclusive rights to facilitate law enforcement best and protect the welfare and safety of the public. Despite this, these powers are limited to not infringe upon the rights of individuals.

Excessive force


False Imprisonment

Malicious prosecution

The CCL method

Our Police Misconduct Lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method


Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.


Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.


Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. Our Police Misconduct Lawyers will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .


Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.



Once all information has been collected and medical specialist reports obtained, our Police Misconduct Lawyers will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.



After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.


Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

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