Arrested Unlawfully?

Were you at the wrong place at the wrong time and have been arrested unlawfully? And now you want to claim damages!

In the COVID-19 pandemic, unfortunately the police are over reaching their authority and must, ultimately, be held accountable for their actions.

An arrest is unlawful if the police officer has made the arrest on unlawful grounds or without any valid grounds. In other words:

  1. When the police officer acts beyond his/her legal powers conferred upon them which includes:
  • excessive use of force
  • police brutality and assault
  • an illegal or improper search
  • When police officers restrict a person’s freedom of movement in an unjustified manner, which is a basic human right.
  • No offence was committed.

The arrest must be conducted in a fair and dignified manner and not abusive or violent. The police should refrain from displaying blatant negligence and/or arrest an innocent person.

If you have been unlawfully arrested and it has negatively impacted you, you as the victim, has a claim against the Minister of Police. The claim for damages includes the following:

  1. Claim for general damages related to infringement of your dignity, loss of freedom and pain and suffering.
  2. Assault by police.
  3. Arrest without a justifiable cause.
  4. Medical costs as a result of unreasonable police actions.

However, each case must be determined on its own merits.

Should you require assistance please feel free to contact our friendly attorneys.