Unlawful Arrest / Detention without trial

If you are arrested or detained without justifiable cause, you may have a claim for damages against the South African Police Services.

Unlawful Arrest / Detention without trial

Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency without a trial, and violates many national and international laws, including human rights laws.

Unlawful Arrest / Detention without trial

Police misconduct also includes unlawful arrest, or warrantless arrests, malicious prosecution, detention without trial, and illegal search and seizure. If you are arrested or detained without justifiable cause, you may have a claim for damages against the South African Police Services.

What compensation can I claim when wrongfully arrested and unlawfully detained?

  • Medical expenses you have already incurred and future medical and hospital expenses
  • Damages for impairment of dignity, loss of freedom and suffering
  • Loss of earnings

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Tips for dealing with the situation
Quantification of damages

If you have been a victim of an unlawful arrest, repeatedly dragged to court and charges eventually withdrawn, you were probably maliciously prosecuted.

Also, during your arrest you may have experienced police misconduct.

This includes :

  • excessive use of force
  • police brutality
  • prison injury
  • illegal or improper search
  • sexual abuse
What to do

Always remember to gather as much information as possible when it comes to your unlawful arrest. Some of the information you need to collect include:

  • The name of the offending officer(s)
  • Details of witnesses