NSW False imprisonment question

[Hellomyonlyfriend]

If you were in custody and you lodged a supreme court bail application (self-represented) with corrective services, and they did not file it on the date intentionally, and there was a backlog of 10-12 weeks, so you had to refile the application that period of time later after you became aware they did not lodge it in the first instance, would you have a false imprisonment claim against corrective services?

 

[Hellomyonlyfriend]

Edit: You now have done an FOI request and they DID have the supreme court bail application at the initial date, they just never filed it.

They always claimed they never received the initial application previously after I complained.

Any thoughts? Please help.

 

[chichi11]

To claim false imprisonment against Corrective Services, you must prove:

1. Intentional or reckless action: You would need to show that Corrective Services intentionally delayed filing your bail application. Mere negligence may not suffice.


2. Unlawful detention: You must establish that the delay directly caused you to be unlawfully detained beyond a justified period. If you were otherwise lawfully in custody (pending trial, remand, or other lawful reasons), this could complicate the claim.


3. Causation: The delay in filing must be proven as the direct cause of your continued detention. This could be difficult if, regardless of the delay, your detention would have been lawful.



A claim would depend on showing that their intentional inaction led to unlawful
detention.