UNLAWFUL ARREST AND DETENTION

The civil department is spear headed by one of the directors, who prior to private practice, was a senior prosecutor for the State. We are able to expertly guide a matter to finalization whilst ensuring that the quantum claimed on behalf of our clients are in line with the damages sustained.

Police officials when carrying out an arrest, must ensure that they have a warrant. A police officer may arrest an individual without a warrant but reasonable grounds must exist for not having the warrant. Each situation is different and if there are reasonable grounds they must still be justifiable by the officer effecting the arrest. From experience there is a high chance that the arrest was done unlawfully. The unlawfulness in some cases, further extends  to malicious prosecution by the prosecution.

It is important to speak to an attorney and get expert advice on whether your rights have been infringed. Section 12 and 21 of the constitution clearly spells out the rights of an individual and their right to freedom of movement & personal liberty to freedom.

You may be able to claim the following damages as a result of the unlawful arrest and detention:

General Damages for pain and suffering,loss of amenites of life;

Special damages for loss of income both past and future;

Hospital expenses(past and future)

It is important to gather as much information as you can about the incident such as:

The name of the police officer who arrested you;

The name of the police station where you were held;

Any documentation that was given to you .

At Sibran & Sibran, we offer a Free consultation to determine whether a claim exists.  It is important to act quick as there are strict rules and guidelines that must be followed and adhered to when proceeding with a claim. Call (031)5663563 to schedule an appointment or complete the assessment form below and we will call you back.