ACTIONS AGAINST POLICE, BLOG POSTS

How to Claim Compensation for False Imprisonment

Being detained by the police is a frightening and often humiliating experience. While the police have powers to arrest people, these powers are not without limits, and exceeding those limits in place is a serious violation of your rights, for which you could claim compensation.

If you have been subjected to a wrongful arrest, you are not alone. Many people across the UK have, unfortunately, faced similar situations, and our team of dedicated solicitors specialising in actions against the police has helped countless individuals claim compensation for false imprisonment. This blog post will provide you with all the information you need to understand your rights, the legal processes, and how we can assist you in seeking justice and compensation.

What is False Imprisonment in UK Law and is it the Same as Wrongful Arrest?

Under UK common law, false imprisonment is a civil wrong known as a ‘’tort’’ and it is defined as the ‘’unlawful imposition or constraint of another’s freedom of movement’’. The keyword here is ‘’unlawful’’, so this occurs when an individual’s liberty is restricted without any reasonable legal justification.

Many people assume that false imprisonment only happens if you are physically held in a police cell, as this tort is also commonly referred to as unlawful or wrongful arrest. In fact, the restraint of freedom does not need to involve physical contact or force, and it can occur anywhere – on the street, in your home, even in a vehicle. As long as your freedom of movement is restrained when there are no lawful grounds to do so, whether by physical force or verbal instructions, it is sufficient to establish false imprisonment. Examples of this include an unlawful stop and search, being led to believe you cannot leave, or when there is a threat of force or legal process.

The principle that false imprisonment does not require physical contact was reinforced by the landmark Supreme Court case, R (on the application of Jalloh) v the Secretary of State for the Home Department. In this case, the court ruled that a man held under house arrest with an electronic tag was indeed falsely imprisoned. As our solicitor, Iain Gould, noted, Lady Hale’s judgment held that “the essence of imprisonment is being made to stay in a particular place by another person whether he wants to do so or not.”

So, the answer to the question ‘’ What is False Imprisonment in UK Law and is it the Same as Wrongful Arrest?’’ is that wrongful arrest is a type of false imprisonment, but not the only way in which this tort can be committed.

Can I Claim Compensation for False Imprisonment?

Claiming compensation for false imprisonment can seem complex and daunting, but our specialist solicitors will guide you through every step. The process is straightforward:

1. Initial Free Consultation: We offer a free, confidential, and no-obligation consultation to assess the merits of your potential claim.
2. Gathering Evidence: We assist you in gathering the necessary evidence, including police station logs, video footage, and witness statements.
3. The Burden of Proof: You only need to prove you were detained; the burden then shifts to the police to prove their actions were lawful.
4. The Letter of Claim: A formal Letter of Claim is sent to the police, outlining the details of your claim.
5. Negotiation and Settlement: We will negotiate on your behalf to secure the best possible settlement; most claims are settled out of court.
6. Court Proceedings: If it is necessary to bring court proceedings we will not shirk from doing so. Our team of solicitors has decades of litigation experience, and a long truth record of success.

How Long Do I Have to Make a Claim?

Time limits for making a false imprisonment claim are strict. In most cases, you have six years from the date of the incident to file a claim. However, if you are pursuing a personal injury claim related to the incident, the time limit is reduced to three years. It is essential to seek early legal advice to ensure that you do not miss your opportunity to receive compensation.

How Much Compensation Could I Receive in the UK?

The amount of compensation for a false imprisonment claim depends on a variety of factors, the most significant being the duration of the unlawful detention. Unlawful detention for one hour can result in approximately £1,000 compensation, increasing to £7,000 or more for 24 hours.

Beyond the duration, other factors can increase the value of your claim, including physical and psychological harm, reputational damage, and any police misconduct, which may lead to aggravated or exemplary damages, such as injury to your feelings, insulting or offensive behaviour by the officers or public humiliation/embarrassment.

Why Use a Solicitor for a False Imprisonment Claim?

Challenging a police force is a complex process and the police are institutionally reluctant to apologise or admit fault if they think they can get away with it, so you need an expert on your side who not only understands the legal system but is also a seasoned specialist in civil claims against the police.

At DPP Law, our expertise in this field is well-established, rooted in the work of our leading Actions Against Police solicitor, Iain Gould. With over 30 years of experience, Iain is a nationally recognised expert who has successfully handled cases against every police force in England and Wales. His mission is to hold authorities accountable, restore clients’ dignity, and ensure justice is accessible to all.

We generally work on a No Win No Fee basis, meaning you do not have to pay our legal fees upfront, allowing you to seek justice regardless of your financial situation. We are also, unlike many other firms, approved by the Legal Aid Agency to represent children and those of low income through the Civil Legal Aid Scheme as an alternative to No Win No Fee.

Contact Us Today for a Free Consultation

If you believe you have been the victim of false imprisonment or unlawful detention, contact DPP Law today to discuss your rights and take the first step toward getting the justice and compensation you deserve. Our compassionate and experienced team is here to listen to your story in a free, confidential, and no-obligation consultation.

For expert legal advice, please call our 24/7 hotline at 0333 200 5859. Alternatively, you can fill out our online contact form below, and a member of our team will contact you promptly.