The Non-fatal Offence against the Person Act 1997 provides that a person shall be guilty of false imprisonment who intentionally or recklessly:
( a ) takes or detains, or
( b ) causes to be taken or detained
( c ) otherwise restricts the personal liberty of another without the other person’s consent.

In civil Law false imprisonment is defined as “The unlawful and total restraint of the personal liberty of another, whether by constraining him or compelling him to go a particular place and confining him in a prison or police station or private place or by detaining him against his will in a public place”.

Have you been a victim of a wrongful arrest?

The essential element of the offence is the unlawful detention of the person.   Where a person intentionally or recklessly inflicts emotional suffering on another he may be guilty of a legal wrong and that person can be entitled to seek damages.   The Courts in Ireland have long upheld the rights of persons who have been wrongfully imprisoned or arrested to be entitled to large awards. Under the European Convention of Human Rights Act 2003 that has now been implemented into Irish Law, this gives further protection to people who are the victims of wrongful imprisonment.

We are experts in this area of Law and if you feel you have been the victim of a wrongful arrest or you have been wrongfully detained, or been accused of shop lifting please feel free to contact our us in confidence at liammoloney@moloneysolicitors.ie

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