UNLAWFUL ARREST AND DETENTION CLAIMS
Unlawful arrest is when a police officer exceeds his/her authority or when a person’s freedom of movement is unjustifiably restricted by an officer of the law. Unfortunately, the very institution that is placed to serve and protect innocent citizens are caught infringing on people’s rights.
If you have been in a situation where a police officer acted in an unfair and unconstitutional matter, a civil claim can be laid against the police to get justice and claim compensation for damages. The right to freedom and security of every person is acknowledged by Section 12 of the Constitution and protects the right not to be deprived of freedom or without just cause and detained without a trial. A police officer may only arrest a person without a warrant in exceptional circumstances.
If you have been wrongfully arrested, it is well within your rights issue summons for damages as a result thereof. There are certain rules to follow and our legal team at Chininga Attorneys will assist you through this traumatic situation.
Chininga Attorneys Inc. can assist you to bring action against police and provide advice on:
Wrongful arrest
Being assaulted by the Police
Human rights breaches
Misfeasance in public office
Unlawful searches
Being accused of a crime you did not commit, then being prosecuted, is a very disturbing experience. Luckily, there are definitive steps you can take to ensure that your rights are upheld and that you are properly compensated for wrongful prosecution.
Chininga Attorneys can help you to put together your case and achieve compensation for an ordeal that can leave many people truly shaken and with a significantly diminished sense of trust in the legal system.
Anyone who has been acquitted of the crime in question, or has had the relevant case against them dropped, may make a malicious prosecution claim – as long as they are able to prove that the prosecuting authority acted with malice in bringing said case against them
If you feel that legal action is being taken against you without probable cause or is based on untruths, or dubious charges are proffered against you, you need to put together a solid defence as soon as you can. Get in touch with Chininga today to discuss the matter and find out how we can help you.
Employers with disciplinary procedures regulated by statute/regulations may also be subjected to malicious prosecution claims, depending on the circumstances of each case. Where non-state, private employers are concerned, the Court’s position is unclear and as such, it seems that it may also be possible for these employers to similarly be exposed to claims for malicious prosecution. Accordingly, both state and private employers are advised, as should always be the case, to first ensure that any disciplinary proceedings instituted against employees are founded upon reasonable and probable cause, along with the necessary evidence, in order to avoid the risk of malicious prosecution claims.