A claim for malicious prosecution is a civil claim with specific legal requirements. It is not enough that a criminal case ended in an acquittal, or that the charges were withdrawn. The circumstances in which the prosecution was started, and continued, have to be examined.
Those requirements exist because cases can be brought in good faith and still fail. A claim arises only when the legal test is met. Tsotetsi Attorneys can assess the history of a prosecution and advise on civil proceedings where instructed.
Compensation is not guaranteed. An unsuccessful prosecution does not, by itself, create a claim.
How Tsotetsi Attorneys can assist
- Assessing the history of the prosecution
- Reviewing charge sheets, outcomes and other available records
- Considering the evidence that would be needed
- Advice on possible civil remedies
- Instituting proceedings where that is appropriate
Where the complaint is about the arrest itself, see unlawful arrest. The two claims can arise from the same events, but they are not the same claim.
What to expect
Every matter is different. The steps below are a general outline, not a fixed process for every case.
- Initial consultation
- Assessment of how the prosecution started and how it ended
- Review of the records that are available
- Advice on whether the legal requirements appear to be met
- Further action only where the firm is instructed