An arrest limits a person’s liberty and has to comply with the law. Police and other officers have powers of arrest, but those powers have limits. If an arrest does not meet the legal requirements, a civil remedy may be available.
Not every arrest that ends without a conviction is unlawful. A person may be arrested lawfully and later acquitted, or the case may be withdrawn. Whether a particular arrest was unlawful depends on why it was made, what was known at the time, and how the person was treated. That has to be assessed on the facts.
Tsotetsi Attorneys does not promise damages. A civil claim succeeds only if the legal requirements are met, and any amount is decided on the evidence.
How Tsotetsi Attorneys can assist
- Assessing the circumstances of the arrest
- Reviewing the documents that can be obtained
- Advice on the legal remedies that may exist
- Instituting civil proceedings where that is appropriate
- Related questions of malicious prosecution, where they arise from the same events
If a criminal case is still under way, representation in that case is criminal law work and is separate from a civil claim about the arrest.
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 the arrest and the account given
- Review of records that are available, or that can be requested
- Advice on whether a civil claim appears to be available
- Proceedings where the client instructs the firm to proceed