Making a Claim Against the Police
Claims against the police can arise for a number of reasons. At DRN, our solicitors have extensive experience in submitting successful claims against the police and other authorities for wrongful arrest, false imprisonment, assault, malicious prosecution, trespass, and other unlawful actions and behaviours.
What is unlawful arrest?
As a key part of their duty, the police should only use their power of arrest if absolutely necessary, and should always consider the legal grounds for arrest before arresting and detaining someone.
Unlawful arrest is the term used when an arrest is made without legal grounds, for example, when the situation could have been resolved by other means, such as with a voluntary interview.
What is false imprisonment?
If you have been unlawfully arrested, then your time spent in police custody will be considered false imprisonment. Claims for false imprisonment can be made following an unlawful arrest, a case of mistaken identity, or in any case where a warrant for arrest has expired.
The police also have a duty to ensure you are not detained for longer than is necessary. Claims against the police may be made if your detention has not been properly reviewed.
What is police assault?
Whilst the police do have the authority to use physical force in some circumstances, it is their duty to pursue this route only when it is considered reasonable and can be justified. In addition, the level of force used by the police must be proportionate.
If physical force is used against you without it being necessary, or to such a degree that it causes injury or physical harm, a claim against the police for assault or battery may be made.
What is malicious prosecution?
Police authorities, along with the Crown Prosecution Service (CPS), must act with integrity at all times.
If you believe a prosecution has been carried out against you based upon spite, or is lacking reasonable or probable cause, you may be able to make a claim for malicious prosecution.
Malicious prosecution claims can only be made in cases where the prosecution has ended in your favour, i.e. in an acquittal, or with the charges against you being withdrawn.
In a malicious prosecution claim, you may be entitled to receive compensation for damage to your reputation, or loss of employment and earnings.
Claiming against other authorities
At DRN, our civil and criminal litigation teams are experts in making successful claims against the Police and other authorities, including Her Majesty’s Prison Service, as a consequence of injury or other unlawful act.
Recognising that many of our clients who are pursuing a claim against the authorities have endured a traumatic experience, the solicitors who handle such claims here at DRN are committed to helping you seek justice, with sensitivity, sympathy and understanding being core values that are consistently upheld.
To speak privately with a member of our team, please contact our offices on 01282 433241.