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Unlawful & Wrongful Arrest Lawyers In Australia

Police can’t just arrest anybody they want. The High Court in George v Rockett (1990) noted that statutory provisions permitting the arrest of individuals “authorise the invasion of interests which the common law has always valued highly and which, through the writ of trespass, it went to great lengths to protect”. The High Court indicated that in those circumstances strict compliance with the conditions on the exercise of the powers is required.

In the common law, it is well known that arrest is a measure of last resort. It must be necessary and there must not be other, less drastic options available to Police. For example, Deane J pointed out in Donaldson v Broomby [1982] FCA 58; (1982) 60 FLR 124 at [126] that: 

“Arrest is the deprivation of freedom. The ultimate instrument of arrest is force. The customary companions of arrest are ignominy and fear. A police power of arbitrary arrest is a negation of any true right to personal liberty. A police practice of arbitrary arrest is a hallmark of tyranny. It is plainly of critical importance to the existence and protection of personal liberty under the law that the circumstances in which a police officer may, without judicial warrant, arrest or detain an individual should be strictly confined, plainly stated and readily ascertainable.”

Justice Deane was right – taking away someone’s liberty is something that should not be done lightly. It is one of our most fundamental and basic human rights.

In every State and Territory, there are statutes which govern the strict circumstances in which police can arrest somebody without a warrant. If police breach that statute, then you may be able to sue them for false imprisonment, battery and/or assault.

What Constitutes Wrongful Arrest?

Police can’t just arrest anybody they want. If there is no warrant issued for somebody’s arrest, police can only arrest that person in very strict circumstances. 

For example, in New South Wales, police can only arrest somebody without a warrant if:

  1. The police officer suspects on reasonable grounds that the person is committing or has committed an offence; and
  2. The police officer is satisfied that the arrest is reasonably necessary to achieve a particular person.

The courts have been clear that arrest is a measure of last resort. It must be necessary and there must not be other, less drastic options available to Police.

Taking away someone’s liberty is something that should not be done lightly. It is one of our most fundamental and basic human rights.

In every State and Territory, there are statutes which govern the strict circumstances in which police can arrest somebody without a warrant. If police breach that statute, then you may be able to sue them for false imprisonment, battery and/or assault.

If you believe you have been arrested unlawfully, we can help.

Do You Believe You Were Unlawfully Arrested?

If you believe you have been arrested unlawfully, we can help you with making a claim against the police.

Testimonials

“I could not have been more fortunate or more pleased to have Peter Fam take on my case against an ‘establishment bully’. From the outset, Peter’s meticulous “take one careful step at a time” approach, instilled great confidence in me that we had an excellent chance to bring justice to my situation. Peter displayed an amazing ability to explain the nuances of my situation and to sincerely and effectively involve me in the decision along the way. His dedication to humanity, truth and integrity was clear, and undoubtedly had the ‘bully’ on the back foot. Thus, we had a very good outcome. Maat’s Method: Outstanding excellent service!”

Dr Georgina Hale MBBS FRACP PhD

“My experience with Peter Fam was nothing short of special. His approach was unique because he was able to provide a comprehensive understanding of my situation and recommend an action plan. Any lawyer can quote and reference the law, but Peter stood out to me because of his ability to speak in my language and reference the things that mattered to me. His communication was clear and his advice came with no pressure. He understood the importance of different stakeholders and how even a positive legal outcome could have the potential to impact some parties negatively. He had a truly objective approach to my situation and had the grounded energy i needed to redirect my attention to where it was needed most. More than anything, Peter restored my hope in humanity because at a time when i had lost hope in people, he was there to show me that there are still good, honest truthful people in the world that value doing whats right more than doing whats profitable. Thank you Peter”

Ali Mahfouz

“Peter was extremely helpful during a tricky court case and time. He supported me through navigating and settling with an incredible outcome. When dealing with the case, Peter was extremely professional but also sensitive to my emotions and feelings. Peter was very helpful in understanding specific nuances of the law to support my case. Through our interactions and the way he approached the situation, showed his integrity and authentic desire to support people. His work went beyond and above and I highly recommended his services. “

Carli

“My experience with Peter at Maat`s Method was a pleasant and positive one. Peter was caring, understanding and of a generous spirit…fulfilling a much needed service…administered with integrity…”

Carolyn Crowe

“Peter at Maat’s Method took on my human rights case against a large government agency and achieved a favorable outcome. Many other lawyers said it couldn’t be done however Peter’s dedication and effort made it happen. Peter is a great listener, honest, responsive and effective. I am exceptionally grateful that he was my lawyer.”

William Cartwright

“Peter helped me in a time of need. He was empathetic, supportive and professional from the first time we connected.

I contacted a number of lawyers who were more worried about payment, didn’t listen to my concerns and were cold and transactional. Peter felt like a friend from the start.

Peter very quickly understood my issue and provided logical advice and direction. He took the weight of the issue off my shoulders and became my voice and advocate – I felt like I could finally breathe in an extremely stressful situation.

Peter helped me achieve justice and I recommend him to everyone who needs legal advice. With Peter you get someone dedicated to your cause, someone who is truly independent and who will fearlessly stand up for justice and truth, no matter how big the opponent may be.

Thank you Peter.”

Nicole Turnbull - Director at Neon Shed

“I had the greatest pleasure and experience having such a wonderful and extremely knowledgeable Human rights lawyer Peter Fam assist me with a very difficult and complex situation.

Peter’s passion to promote awareness knowledge and discussion on matters about Human Rights is extraordinary.

He is compassionate considerate and was very supportive towards my case. He always found the time to communicate about my concerns and I found him extremely helpful,  especially when I had nowhere to turn.

I highly recommend Peter Fam as a Human Rights lawyer, his dedication and resilience are impeccable.”

Georgia Kotsias