Transcript
Police are allowed to use reasonable force when arresting someone, but only as much as is needed. If they use more force than necessary — for example, hitting or restraining someone in a way that isn’t justified — that may be unlawful. You have the right to make a complaint to the Independent Broad-based Anti-corruption Commission (IBAC) or to the police themselves. In some cases, you may also have grounds for a civil claim. Importantly, evidence obtained through unlawful force might not be usable in court, which can affect the outcome of a case.
This is general information, not legal advice. If you’ve experienced excessive force, get legal advice immediately about your options.
When Can Police Lawfully Use Force in Victoria?
If police used more force than necessary during your arrest in Victoria, the law may be on your side. This video explains when police can lawfully use force, when that force becomes excessive, and what options are available afterwards. Many people look for answers using searches such as “excessive force by police in Victoria” or “unlawful arrest police rights”. The video also explores how police conduct can affect criminal charges and why early legal advice matters.
Police in Victoria have the power to arrest people in defined situations. These powers come from the Crimes Act 1958 (Vic) and long-standing common law principles. Police can arrest to prevent harm, stop an offence, or make sure a person attends court. However, those powers come with clear limits. An arrest does not permit unnecessary violence or punishment.
What Makes Police Force Excessive or Unlawful?
The law requires police to use only the level of force needed to control the situation. Courts assess this by looking at what the officer reasonably perceived at the time. For example, police may restrain someone’s arms to apply handcuffs if the person pulls away. They may also use physical techniques to stop someone who tries to flee. However, force becomes unlawful when police strike a compliant person, continue applying pressure after restraint, or escalate force when no ongoing threat exists.
Force Must Stop Once Control Is Gained
A critical principle guides every assessment: once police gain control, force must stop. Continued force after compliance often becomes the strongest indicator of unlawful conduct. Courts pay close attention to this moment when reviewing arrest footage and witness accounts.
How Your Actions During Arrest Can Affect Charges
During an arrest, how a person responds can affect what happens next. Arguing, resisting, or reacting physically often leads to additional charges such as resisting arrest or assaulting police. These charges can complicate bail and increase penalties. Staying calm and following directions, when safe, helps avoid further allegations and keeps the focus on police actions rather than the arrest itself.
What To Do After Experiencing Excessive Force
Seek Medical Treatment and Preserve Evidence
After the arrest, evidence matters. Injuries can heal quickly, so medical treatment should happen as soon as possible. Medical records provide independent documentation of harm and often carry significant weight in court. Clear, dated photographs of injuries, damaged clothing, and the scene can also support later legal arguments. Writing a detailed account while events remain fresh helps preserve accuracy.
Identify Witnesses and CCTV Early
Witnesses and CCTV frequently play a decisive role. Public places often have cameras that overwrite footage within days. Identifying locations, transport routes, and nearby businesses early increases the chance of preserving critical evidence.
Making a Complaint Against Victoria Police
Victoria offers several complaint options. A person can complain directly to Victoria Police, including the Professional Standards Command. Complaints can also go to the Independent Broad-based Anti-corruption Commission (IBAC) where conduct suggests serious misconduct or broader concerns. These processes focus on accountability, yet they run alongside, not instead of, a criminal defence strategy.
Civil Claims for Excessive Force
Civil claims may also arise from excessive force. Depending on the circumstances, claims can include assault and battery, false imprisonment, or negligence. Compensation may cover physical injury, psychological harm, medical expenses, and financial loss. Strict time limits apply, so early legal assessment is important.
Excluding Improperly Obtained Evidence Under Section 138
Under section 138 of the Evidence Act 2008 (Vic), evidence that was obtained improperly or in contravention of an Australian law must not be admitted unless the desirability of admitting it outweighs the undesirability of doing so. The court conducts a balancing exercise that includes statutory factors such as the probative value of the evidence, its importance, the gravity of the impropriety, and whether the contravention was deliberate or reckless. In serious cases of improper or unlawful conduct, the court may refuse to admit the evidence
Steps To Avoid After an Arrest
Finally, avoid steps that weaken your position. Social media posts, informal witness contact, or attending a police interview without advice often cause lasting harm. Instead, preserve evidence, limit discussion, and seek legal advice promptly so a defence team can protect your rights and manage the process from the outset.
