Can you sue for false imprisonment

The prosecutor must prove, beyond a reasonable doubt, that all the elements of false imprisonment were met. In most cases, false imprisonment is a misdemeanor. False imprisonment becomes kidnapping if the detention is for a significant length of time or involves moving the detained party some distance from the initial point of detention. False arrest, as stated above, is closely related to false imprisonment. False arrest is when a party is detained and held without probable cause, or without an appropriate warrant, or without a court order.

Police agencies can commit false arrest, as can normal citizens. Determining whether probable cause or a legal basis for the detention exists is the key in false arrest cases. The difference between false arrest and false imprisonment is subtle, but important.

A false arrest involves a defendant asserting that he has the backing of the law. False imprisonment is any unlawful confinement. Like false imprisonment, false arrest can also be a crime as well as a tort.

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Grow Your Legal Practice. Meet the Editors. What is False Imprisonment? This type of intentional tort which is also a crime occurs when you're detained against your will.

The commonly accepted definition of false imprisonment defines the tort as: the unlawful restraint of another against their will, and without legal justification. Examples include: a lawful arrest by law enforcement authorities detention by a shopkeeper for a reasonable amount of time if the shopkeeper has a reasonable suspicion that you may have stolen something this is called Shopkeeper's Privilege and voluntary consent.

False Imprisonment: The Crime False imprisonment may also be a crime, as well as an intentional tort, depending upon the laws of a particular jurisdiction. False Arrest False arrest, as stated above, is closely related to false imprisonment.

Please help us improve our site! No thank you. False Imprisonment Primary tabs Overview False imprisonment is an act punishable under criminal law as well as under tort law. Prima Facie Case The defendant willfully acts. Threats of False Imprisonment Threats of immediate physical force may also be sufficient to be acts of restraint. Invalid Use of Legal Authority An example of an invalid use of legal authority is the detainment or arrest of a person without a warrant , with an illegal warrant, or with a warrant illegally executed.

Off-Shoots of False Imprisonment There are two other torts which fall under false imprisonment: the tort of "malicious prosecution" and the tort of "abuse of process". To prove malicious prosecution, the plaintiff must prove 3 things: The defendant acted without probable cause and with malice toward P But for the defendant's actions, the prosecution would not have proceeded The plaintiff did not engage in the alleged misconduct To prove an abuse of process tort, the plaintiff needs to prove that the defendant invoked the legal system in order to extort, threaten, or harass the plaintiff.

Further Reading See tort law criminal law. Keywords tort law criminal law intentional tort. The police are granted powers of arrest to ensure the safety and welfare of our society. They are granted those powers, to be used only when appropriate and necessary.

Your liberty is a basic human right. Therefore, if you are to be arrested, it must only be done where it is reasonably necessary to do so, and legal. The police are allowed to make an arrest with and without a warrant. However, if a warrant has not been obtained, the police hold limited grounds and powers under the Law Enforcement Powers and Responsibilities Act NSW to execute an arrest. The police are only allowed to arrest you if an officer suspects on reasonable grounds that you are committing, or have committed, an offence, and the officer is satisfied that the arrest is reasonably necessary for one of the lawfully permitted reasons under Section 99 of the Act.

Any time after being arrested and before being released is time that you are considered to be detained or imprisoned. Therefore, if you have been wrongfully arrested, the period of detainment up until your release may be considered false imprisonment. Even where the arrest is lawful, if you have been held for longer than the legal limit, this could also be considered false imprisonment. Being arrested and imprisoned results in the deprivation of one of the most fundamental rights, which is your right to freedom.

If the arrest is wrongful and the imprisonment is unlawful, you may be eligible for compensation. Our lawyers are skilled at detecting police misconduct and can advise whether you may sue the NSW Police for compensation, and what compensation you could receive. Whether or not you have been charged with a criminal offence, being arrested without cause can be a humiliating and demeaning process. Our false imprisonment and wrongful arrest lawyers are experienced in suing the police for such misconduct.

Our expertise in both criminal law and civil litigation ensures that your civil rights are protected and that you are rightfully compensated for any breach of these rights. This refers to the fact that a legal wrong has been committed against you intentionally, as opposed to simply negligently.