Legal Definitions - malicious arrest

Malicious arrest is when someone is arrested without probable cause and for an improper purpose. This means that the person who ordered the arrest did not have a good reason to do so and may have had a hidden agenda. It is considered an abuse of process and can lead to legal action against the person who ordered the arrest.

• If a police officer arrests someone because they don't like their race or religion, that would be a malicious arrest.
• If a person is arrested because someone wants to get revenge on them, even though they didn't do anything wrong, that would also be a malicious arrest.

These examples illustrate how a malicious arrest can be used to harm someone without any legal justification. It is important for law enforcement officials to have probable cause before making an arrest and to avoid using their power to settle personal scores.