At Stephensons, we pursue civil claims for compensation for unlawful arrest. It is probably the most common type of action that our actions against public bodies department pursue. The most common question we receive is, was my arrest unlawful? ...
Civil Claim for Compensation against the Police and/or Crown Prosecution Service, with a particular focus on;
Adam has assisted numerous client’s over the years in bringing claims against the Police and/or the Crown Prosecution Service (see notable cases below). As noted above, Adam is a member of the Police Action Lawyers Group, which is a national organisation for Claimant Lawyers pursuing such claims.
Here are some examples of the cases Adam pursues against the Police;
False imprisonment/unlawful arrest
A claim for false imprisonment against the police can be brought if the police have failed to establish the grounds of arrest that are governed by s.24 of the Police and Criminal Evidence Act 1984 (PACE 1984) and Code G. There are two grounds, which both have to be established;
a) Is there a reasonable suspicion to believe the offence has been committed?
b) Is it necessary to arrest?
It is only with Adam’s experience in this area of law that he is able to quickly identify whether the above grounds were met. If not, then this can result in compensation for the deprivation of liberty you suffered. An important facet to the above grounds is the necessity test and whether or not a voluntary interview would have been a more suitable and practical alternative.
Claims for False Imprisonment can also be brought in other circumstances, for example;
- A Police force, except in such circumstances when it is correctly and lawfully authorised, may only hold a detainee for a maximum of 24 hours. If they hold a detainee beyond this period, then it may amount to False Imprisonment.
- If you have been arrested for breaching your bail conditions, then it is likely that you will be produced at Court. However, s.7 of the Bail Act 1976 provides that you must be brought to the Court within 24 hours. Again, if this is not the case, then you may be entitled to compensation.
Assault/unlawful use of force
Adam has acted for many clients in taking action against public authorities for unlawful use of force. Force can only be used by a public authority that is reasonable/proportionate/necessary in the circumstances, pursuant to s.3 of the Criminal Law Act 1967 and s.117 of the Police and Criminal Evidence Act 1984.
Even if an arrest is lawful, it does not mean that a police officer and/or other public authority can use unreasonable force. Adam has acted for many clients who have been subject to the unlawful application of a police taser, as well as those who have suffered serious injuries arising out of their contact with the police and/or other public authorities.
Adam also has significant experience in dealing with cases that are brought as a result of an individual being unlawfully strip searched (see below) and is particularly keen to act for those who are the most vulnerable.
Trespass to land (Unlawful search of property)
The police can only enter your property if they have lawful authority to do so. If they do not have lawful authority to do so then you could be entitled to compensation.
The police have numerous powers to enter a person’s property, including entering a property without a warrant. The Police and Criminal Evidence Act 1984 governs when a police officer has power to enter your home.
Interestingly, Adam has acted for clients when the police have entered an individual’s home with a warrant, yet executed the warrant incorrectly. The execution of a warrant is governed by s.16 PACE1984. If the warrant is not executed correctly then by virtue of s.15 PACE 1984, the search itself becomes unlawful. Adam can advise you on whether or not a warrant was executed lawful and/or whether you are entitled to compensation.
Malicious prosecution is a much more serious claim to allege against the police and/or Crown Prosecution Service (CPS). Adam has pursued numerous actions of this nature, including litigated matters to trial. This is an area of law which requires careful and thorough consideration by your solicitor, particularly given that you are suggesting that the public authority has acted maliciously (with an intention other than to bring you to justice).
There are five elements to bringing such an action, although the most contentious elements are usually;
- Did the police lack reasonable and probable cause to prosecute?
- Did the police act maliciously (with an intention other than to bring you to justice)?
Adam’s robust approach to taking on the police is brought about due to his experience in bringing such actions.
Misfeasance in public office
Misfeasance in public office is again, a serious allegation to bring against the police. It is also not a particularly common allegation that is brought before the Courts. However, Adam has done so on numerous occasions and been successful.
There are numerous legalities to overcome when bringing such a case and you can be confident that Adam has dealt with them before.
Equality Act 2010
Adam has brought numerous claims against the Police and/or CPS in respect of breaches of the Equality Act 2010. In particular, Adam has represented clients who have made allegations of;
- Racial Discrimination
- Disability Discrimination
- Gender Discrimination
Adam has a particular interest in acting for those who are the most vulnerable in our society. Adam has acted for many adults who lack capacity, for those who have complex mental health issues and for many children requiring a litigation friend.
Bringing a claim can be a daunting prospect for an individual. Adam has the compassion and knowledge necessary to ensure that a successful outcome is achieved.
Breach of the Human Rights Act 1998
In the majority of cases that are brought against the Police, not only will there be a common law claim, but there is likely to be a breach of your Human Rights. Again, Adam routinely pursues claim for breaches of;
- Article 2 – Right Life (Often will be a death in custody)
- Article 3 – Prohibition of inhumane, degrading and/or torturous treatment
- Article 5 – Deprivation of Liberty
- Article 8 – Right to private and family life
- Article 10 – Freedom of expression (Please click the link to find out more about this claim)
- Article 11 – Freedom of assembly and association (Please click the link to find out more about this claim)
It is essential that you make contact with Adam as soon as possible, as such claims are governed by a 12 month limitation period.
Unlawful arrest/False Imprisonment, assault, disability discrimination and breaches of the Human Rights Act 1998 (Unlawful strip search) against the Chief Constable of Merseyside Police (2017). Read more.
Unlawful Arrest/ False Imprisonment and Misfeasance in Public Office against the Chief Constable of Merseyside Police (2016). Read more.
Unlawful arrest/False Imprisonment against the Chief Constable of Merseyside Police (2016). Read more.
Unlawful arrest/False Imprisonment and Misfeasance in Public Office against the Chief Constable of Merseyside Police (2015). Read more.
Unlawful arrest/False Imprisonment, Trespass to Person and Malicious Prosecution against the Chief Constable of Merseyside Police (2014). Read more.