Suing Police or other Authorities - ACT

Tort law is a branch of civil law that addresses wrongs and injuries caused by one party to another. That party can be an individual or institution. The primary purpose of tort law is to provide compensation to individuals harmed by the wrongful acts of others and to deter future misconduct.

Tort law encompasses a wide range of issues, from personal injury to defamation, and is fundamental in maintaining social order by holding individuals and institutions accountable for their actions. One of the types of torts are intentional torts.

Tort law is an essential component of the legal system and critical to regulate interactions between people in an ordered and civilised society.  Tort law also acts as an important safeguard against the misuse of the powers granted by Parliament to law enforcement and other statutory bodies.

Intentional torts occur when a person wrongfully or unlawfully interferes with a person’s basic interests by way of, for example, assault, battery, and false imprisonment.

Assault is the intentional act of creating a reasonable apprehension of imminent harmful or offensive contact in another person. Unlike battery, assault does not require physical contact; the mere threat of contact is sufficient.

Battery is the intentional and unlawful physical contact with another person without their consent. Battery does not require proof that the victim suffered anything other than the infringement of their right to bodily integrity (Williams v Milotin (1957) 97 CLR 465 at 474). The tort of battery is designed to protect individuals from unwanted physical interference, ensuring their bodily integrity is respected.

Common defences to assault and battery include consent, self-defence, and defence of others. If the plaintiff consented to the contact, such as in a sports game, the defendant may not be liable.

False imprisonment is the unlawful restraint of a person’s freedom of movement. It occurs when a person is confined to a bounded area without legal authority or the person’s consent.

In cases of intentional torts like assault, battery, and false imprisonment, damages are considered based on several factors:

1. General Damages: These compensate for non-monetary losses, such as pain and suffering or loss of enjoyment of life. They are not easily quantifiable and are assessed based on the severity of the harm and its impact on the victim’s life.

1. Compensatory Damages: These cover actual losses, including medical expenses, lost wages, and pain and suffering. The aim is to restore the victim to their pre-incident condition.
2. Aggravated Damages: Awarded if the defendant’s conduct was particularly humiliating, violent or malicious, causing additional emotional distress. They aim to compensate for increased distress or indignity suffered by the plaintiff.
3.  Exemplary Damages: Also known as punitive damages, these are intended to punish the defendant for egregious or reckless behaviour and deter similar conduct in the future. They go beyond mere compensation and are awarded in cases of particularly outrageous conduct.

Although there are some differences between State and Territories, in Australia police generally cannot arrest a person without a warrant unless the arresting officer suspects, on reasonable grounds, that a person has committed an offence, and the arrest is reasonably necessary for one of the reasons set out in the legislation (See for example s 212(1)(b) of the Crimes Act 1900 (ACT) and s 99(1)(b) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)).

An arrest must also be for the purposes of commencing proceedings (normally, a prosecution – see NSW v Robinson [2019] HCA 46) and police do not have a general power to arrest a person for the purpose of investigation or questioning (Williams v R (1986) 161 CLR 278). An arrest in those circumstances will be unlawful.

The consequence of an unlawful arrest is that the period of detention thereafter might constitute a false imprisonment.  Actions taken within the period of false imprisonment might also be compensable. If, for example, the arrest of a person was unlawful then the person might be entitled to compensation when the police officer reached out to grab them (assault), grabbed them by the arms and secured their hands with handcuffs (battery), and placed them in a cell (false imprisonment). Such conduct would entitle a person to damages, including in some cases, aggravated and exemplary damages.

Even if a police officer suspects on reasonable grounds the person has committed or is committing an offence and the arrest is necessary for one of the reasons set out in the legislation, compensation might still be awarded if the officer used excessive force in effecting the arrest by, for example, striking the person or using a firearm or Taser.

Seeking legal advice from Hugo Law Group for a claim involving intentional torts is crucial due to the complexity and nuances of each case. Claims for intentional torts have statutory limitations and need to be filed within a strict time frame and so it is essential you receive legal advice. We can help identify the specific tort, gather necessary evidence, and navigate the legal procedures and proceedings. We will provide advice in assessing the merits of the case, potential defences, and the likelihood of success and compensation. Hugo Law Group will assist those that have been wronged in maximising compensation and ensuring justice.