Police Misconduct

When Police Exceed Their Powers

Police officers in New South Wales are granted significant powers to investigate, arrest, search and detain. These powers are conferred by statute and are subject to strict legal limits. When police exceed those limits, the consequences for the individuals affected can be devastating: wrongful arrest, physical injury, damaged reputations, lost employment and the trauma of being subjected to the coercive power of the State without lawful justification.

Korn Tlais Defence Lawyers acts for individuals who have been the victims of police misconduct. We pursue accountability through the courts and through statutory complaints mechanisms, seeking both compensation for our clients and systemic change.

Matters We Act In

• Malicious Prosecution

  Proceedings initiated by police without reasonable and probable cause, or continued with an improper purpose. Where charges are brought maliciously and without a proper basis, the affected person is entitled to seek damages.

• Unlawful Arrest

  An arrest is lawful only when carried out in accordance with statutory requirements. Where police arrest a person without a valid warrant, without the existence of a proper basis for arrest, or in a manner that does not comply with the law, the arrest is unlawful and actionable.

• Excessive Force

  Police are entitled to use only such force as is reasonably necessary in the circumstances. The use of disproportionate or gratuitous force during an arrest, detention or interaction constitutes an assault and gives rise to civil liability.

• Wrongful Search

  Search powers are governed by strict statutory requirements. Searches conducted without a valid warrant, without reasonable suspicion, or in a manner that exceeds the scope of lawful authority are challengeable.

• False Imprisonment

  Detention without lawful justification constitutes false imprisonment. This includes being held in custody beyond the lawful time limits, being detained without charge, or being held on the basis of an invalid warrant.

• Fabrication of Evidence

  The fabrication, alteration or suppression of evidence by police officers is among the most serious forms of misconduct. It strikes at the heart of the justice system and can result in the wrongful conviction of innocent people.

• LECC Complaints

  The Law Enforcement Conduct Commission (LECC) is the independent body responsible for investigating complaints of serious misconduct by NSW Police officers. We assist clients in preparing and lodging complaints with LECC and represent them throughout the investigation process.

Seeking Accountability and Compensation

Bringing a claim against the police requires courage, persistence and the right legal team. The State will defend these matters vigorously, and the evidentiary and procedural challenges are significant. Our firm has the experience and resources to take on these matters and see them through to resolution.

We pursue compensation for our clients through civil proceedings in the District Court and Supreme Court, including damages for personal injury, economic loss, psychological harm and aggravated and exemplary damages where the conduct of police has been particularly egregious. We also pursue accountability through LECC complaints and, where appropriate, by referring matters for criminal investigation.

Every case we take strengthens the principle that those who exercise power on behalf of the State must do so within the law.