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 pertaining to false imprisonment can be pursued if you have been wrongfully confined without legal justification, irrespective of the duration of such confinement.

Law enforcement possess a range of authorities to arrest and detain individuals. A claim for false imprisonment can be initiated 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 entities 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 these entities 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 incarcerated 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.

Navigating your claim is easier with expert guidance. Our adept team excels in aiding clients seeking truth in intricate cases.

Law enforcement and state entities wield authority for the common good. If these powers are misused, you could pursue a compensation claim for misfeasance in public office. To do so, two aspects must be established upfront: first, the actions were conducted by a ‘public officer’, typically encompassing police, prison, and immigration personnel; second, these actions caused financial loss, reputation harm, or personal injury.

Once proven, scrutiny shifts to the officer’s actions and motives. You need to prove the officer intended the damage or was indifferent to its occurrence, demonstrating bad faith.

Amidst the complexity of such cases, adept civil action lawyers’ guidance aids truth-seeking and enhances claim success odds. Our seasoned team excels in assisting clients in such matters.

Law enforcement and government agencies are empowered for the greater good, but any misuse of these powers can warrant a compensation claim for misfeasance in public office. To proceed, you must first establish two points: the actions were committed by a ‘public officer,’ typically covering police and state staff, and these actions caused financial loss, reputation damage, or personal injury.

Once these prerequisites are met, attention turns to the officer’s actions and intent. It’s necessary to prove the officer either intended the resulting harm or displayed recklessness toward its likelihood, implying bad faith.

Amidst the complexity of such cases, adept civil action lawyers’ guidance aids truth-seeking and enhances claim success odds. Our seasoned team excels in assisting clients in such matters.

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 solely with 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.

Regardless of the specifics, our adept civil action team holds substantial experience and a proven history of effectively aiding clients in such scenarios.

When you’ve faced adversity involving law enforcement, various means exist to hold them accountable – one of these is filing a police 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 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.