The vast majority of policemen and women around Australia are very conscientious and dedicated to upholding the rule of law. However, they're not infallible and are all human beings; sometimes, they can make mistakes. If you've been unlucky enough to become embroiled in one of these situations, it can be very traumatic, and you may wonder what you can do to put matters right. Should you consider taking action against these officers in order to seek compensation?
It Can Happen to Anyone
Sometimes, circumstances can develop very quickly, and you may be in the wrong place at the wrong time. The officer in question may have identified you as being involved in an incident or may have acted in haste and perhaps with too much force. Either way, your statutory rights and civil liberties may have been infringed upon and no matter the circumstance, you have a path towards compensation.
Reason for Action
If you have been arrested and incarcerated for any period of time and can subsequently prove that you were completely innocent, you may be able to bring a case of false imprisonment against the police force in question. You may also believe that the officer was excessive when you were simply trying to make your case and may have used force, which was inappropriate in this situation. Just remember before you start, however, that you need to prove your case beyond doubt and this can sometimes be challenging.
Civil Pursuit
In most cases, the officer may not have committed any criminal act by definition, but you can still bring a civil case and litigate against them to receive damages. In fact, you can even do this if you are not wholly innocent of any wrongdoing. Some people who have been convicted of a crime have subsequently brought a case against the officer for excessive force – and been successful. Bear in mind, however, that this can be even more challenging to prove in front of a sceptical judge.
Clarity of Purpose
Always be sure of your ground before you begin a case like this and in an ideal world, have some witnesses, in addition to plenty of evidence to back up your position. You must ensure that you do not omit anything and put your case forward without emotion, as this will stand you the best chance of being successful.
Getting Support
You can expect the police force to vigorously deny any wrongdoing and put up a stout defence and they will undoubtedly have very competent professionals on their side. You need to make sure that you have the best lawyers that you can find on your side of the equation as well and look for an expert who has experience in this type of civil litigation.