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No Win No Fee – Wrongful Arrest Solicitors UK
If you are arrested, the police must follow strict legal procedures in order to apprehend you. Wrongful Arrest, put simply, means that you are challenging the police’s decision to arrest you or the manner in which they did so.
What is a lawful arrest?
If you are arrested, the strict formalities the police must follow ensure that your arrest is safe, fair and only reasonable force is used.
Should you be arrested, the police must always, without fail:
– Declare that they are the police
– Explain clearly that you are under arrest
– Tell you clearly what crime they are arresting you for
– Explain why it is necessary to arrest you
– Explain in no uncertain terms that you are detained and must not leave.
For an arrest to be lawful, the police must have reasonable grounds to believe that you are involved in a specific crime. If they have this, they are legally permitted to arrest you anywhere – be that your workplace, in a public place or even at home.
If you become violent during your arrest, or attempt to get away from your arresting officers, the police are permitted by law to use “reasonable force” in order to apprehend you. This can include:
– Pinning down
– Use of handcuffs
– Use of approved holds
What is a “wrongful arrest”?
If the police have failed to follow any of the rules above in carrying out your arrest, you may be entitled to sue them for Wrongful Arrest.
If you are imprisoned following a wrongful or false arrest, you may also be eligible to sue for false or unlawful imprisonment.
If charges are dropped after a Wrongful Arrest, you are still eligible to sue.
The claimant has to show that the police acted without reasonable suspicion which resulted in a wrongful arrest/unlawful imprisonment.
If successful, damages vary dependent on the length in custody and in some cases the complainant can claim aggravated damages for example assault or where it can be shown that the police acted maliciously.
Will I have a criminal record if charges are dropped?
If charges are dropped or you are not charged, you will not have a criminal record for this arrest.
Sometimes the details of an arrest can be disclosed, for example on an enhanced DBS check. Police can reveal details of “arrested and not charged” information for some enhanced background checks – which underlines the importance of ensuring a Wrongful Arrest is challenged.
Details of an arrest may also be kept on file by police as criminal intelligence.
If you feel you have a case for Wrongful Arrest and would like to see if you can pursue it, please contact our expert team of solicitors as soon as you can, so we can guide you through the process on a no win no fee basis.