Actions Against The Police

A claim for assault and battery can be brought where police or other state bodies unlawfully use force.

The force might have been unlawful because there was no basis at all for using it. For instance, if your arrest was unlawful then any force used during the arrest was also likely to be unlawful. Alternatively, the force might have been unlawful because it was excessive; that is, too much force was used.

Claims for assault and battery can involve any unlawful contact, from unwanted touching to where serious injuries are caused. This can include a range of situations involving police officers, including the following:

• Striking or hitting
• Restraining
• Tasering
• Preventing someone from walking away
• Applying handcuffs
• Taking DNA or fingerprints
• Strip searching

Our civil actions team has extensive experience of claims for assault and battery including those resulting in the most serious, life-changing injuries.

A claim for false imprisonment can be made if you have been wrongfully locked-up without legal justification, irrespective of how long you were held.

Law enforcement possess a range of authorities to arrest and detain individuals. A claim for false imprisonment can be brought when these authorities are exceeded, leading to your unwarranted detention. Instances where this claim can be applicable include:

• Being arrested without proper cause
• Being held in custody when it is unwarranted or for an extended period
• Being subjected to a stop and search without valid grounds

Other parties also possess the power to detain individuals, such as prisons, the Home Office, the Court Service, and private security firms. Similarly, you can pursue a claim for false imprisonment if they overstep their authority, including scenarios where:

• You are seeking asylum in the UK but have been confined in an immigration removal centre without proper justification
• You are serving a prison sentence and have been detained beyond the appropriate duration
• You have been mistakenly imprisoned due to an administrative error made by the court or prison service

Prominent instances of police misconduct involve wrongful prosecutions. If you’ve faced such circumstances, pursuing compensation through a malicious prosecution claim is possible. Two prerequisites must be met: a prosecution was initiated against you (usually evident), and it concluded in your favour, like acquittal or case dismissal.

Once these hurdles are cleared, assessing police actions and motivations becomes crucial. Factors include officers’ genuine belief in your guilt and their intent, whether malicious or in bad faith. Malicious prosecution claims are intricate due to the complexity of these aspects.

We have the expertise, experience, and knowledge you need to bring your claim.

Law enforcement and state entities are to act for the common good of the public. If these powers are misused, you could pursue a compensation claim for misfeasance in public office. To succeed in your claim you must prove two things: first, the actions were conducted by a ‘public officer’, typically a police officer, prison guard, or immigration personnel; second, these actions caused you financial loss, reputational harm, or personal injury.

Once proven, you need to prove the officer intended the damage or was indifferent to its occurrence and, in do doing, demonstrated bad faith.

When these cases become complex, having an experienced civil lawyer makes a real difference. The right guidance helps you uncover the facts and improves your chances of a successful claim. Our team has extensive experience supporting clients in situations like this.

Negligence by the police arises when officers or forces fail to meet the standard of care expected of them, resulting in avoidable harm. Unlike deliberate wrongdoing, negligence focuses on mistakes, omissions, or poor decision making that cause injury, loss, or damage. To bring a claim, you must show that the police owed you a duty of care, that this duty was breached, and that the breach caused your harm.

Once these elements are established, the key issue becomes whether the police acted in a way that fell below the standard expected in the circumstances. This may include failures in investigation, delays in responding to incidents, mishandling evidence, or inadequate supervision or training. Demonstrating causation is essential, meaning you must show the harm would not have occurred without the negligent act or omission.

These cases often involve detailed factual analysis and expert evidence. Working with experienced civil action lawyers helps you understand the strengths of your case and gather the right material to support it. Our team is well versed in police negligence claims and can guide you through each stage to give your claim the best possible chance of success.

In cases where the police unlawfully enter or remain on your property, you could potentially initiate a trespass claim.

Police are permitted to access your property but only when they have lawful justification. Their actions become unlawful if, for instance:

• They acquired a search warrant improperly or employed an inaccurate warrant.
• The search surpassed the warrant’s terms or extended beyond its scope.
• They entered your property for arrest without valid grounds.

Such incidents might also infringe upon your right to private and family life, entitling you to claim under the Human Rights Act.

Whatever the circumstances, our civil action team has extensive experience and a strong track record of helping clients succeed in these situations.

When you have experienced difficulties involving the police, one way to seek accountability is by making a formal complaint.

Complaints can be directed at police officers or personnel, encompassing a wide array of concerns such as:

• Unjust arrests
• Unlawful detention/false imprisonment
• Physical assault
• Malicious prosecution
• Power abuses/misfeasance
• Deception
• Home trespass
• Seizure or interference with personal property
• Discrimination
• Misuse of personal or private information

Generally, complaints should be lodged within a year of the incident, with extensions available in exceptional circumstances.

While distinct from compensation claims, pursuing both is often viable. A successful claim entails compensation for losses incurred due to police actions. Complaint investigations, conversely, target individual officer behaviour and could lead to disciplinary or legal actions.

Initially, police complaints are typically investigated by the implicated force. Dissatisfied individuals can appeal outcomes, often handled by the Independent Office for Police Conduct (IOPC) in serious cases. The IOPC might even conduct independent investigations apart from the police.

Our experienced Actions against Police team adeptly handles the entire spectrum of police complaints.