ACTIONS AGAINST POLICE

Challenging Police Misconduct Under PACE 1984

PACE 1984 is an Act of Parliament in the UK, and is a particularly significant resource in cases of suspected police misconduct due to its role in the regulation of police powers and in public protection.

Despite the existence of this statute, and despite undergoing all required training, there are often occasions where police officers act in breach of the Act’s stipulations.

The solicitors at DPP Law have an extensive track record of successful actions against the police. If you have been a victim of police misconduct due to a PACE 1984 breach, we can help you to make a claim.

In this article, we’ll delve deeper into PACE and explore the types of claims you may be able to make, the level of compensation for which you may be eligible and the services that our specialists may be able to provide in order to assist you.

What is PACE 1984 and why is it important?

PACE 1984 is an acronym for the Police and Criminal Evidence Act of 1984. It covers everything from the legal grounds for detention (i.e. why a person may be taken into police custody, the conditions under which they must be kept and for how long) to the rights of citizens during interactions with the police, legal conditions of searches and seizure, correct charging procedures, processes and requirements relating to the Mental Health Act and more.

This makes it an absolutely indispensable piece of legislation when it comes to protecting the rights of the individual and preventing police misconduct.

If you suspect that you have been on the receiving end of unfair, unlawful or illegal treatment by the police, PACE 1984 should be among your immediate resources for reference, as it is likely to inform a vast portion of any claim you choose to make.

Common police misconduct claims under PACE

There are all kinds of claims that may be brought against the police in response to perceived instances of misconduct. Here, we explore some of those we see most frequently.

Unlawful stop and search

Misuse of stop and search powers may be grounds for a claim against the police. If officers fail to present reasonable grounds for a search (e.g. the suspicion that the individual to be searched is currently in possession of illegal weapons, substances or stolen goods), this may be a breach of stop and search rights.

Officers also have to give you sufficient information to understand not only the grounds for and purpose of the search, but the legislation they are relying upon, their name, number, the police station they are based at, and inform you of your right to a written record of the search.

Wrongful arrest and detention

As is the case with stop and search, police are required to have reasonable grounds to take a suspect into custody and hold them there for any period of time. Without these grounds, they may be liable to be sued for wrongful arrest.

Officers must have a warrant for the arrest of the individual in question, or they need to have a “reasonable belief” that the person has committed a crime and that it is necessary to arrest them in order to investigate that crime or protect others.

If they do not you are likely to have a claim.

Unlawful seizure

Under Section 19 PACE, the law states that:

  • A constable must be lawfully on a premises before they are permitted to seize items
  • That constable must have reasonable grounds for seizing items, including:
  1. Cause to believe that an item has been “obtained in consequence of the commission of an offence”, or
  2. Cause to believe that the item constitutes evidence relating to a crime or offence that they are currently investigating, and
  3. That the item in question must be seized to prevent it from being “concealed, lost, altered or destroyed”

The same section states that “No power of seizure conferred on a constable under any enactment… is to be taken to authorise the seizure of an item which the constable exercising the power has reasonable grounds for believing to be subject to legal privilege”.

If you do not believe that the seizure of items from your possession or property was undertaken following the above legislation, again, you may have grounds to make a claim.

Excessive use of force

Police officers are permitted to apply a “reasonable and proportionate” use of physical force, as long as they have grounds to believe that it is necessary to use force in order to:

  • Prevent a crime from being committed
  • Defend themselves or other parties present from harm
  • Defend property from criminal invasion/trespass or harm
  • Carry out an arrest under lawful conditions

An officer is required to have the power to apply physical force under PACE before they may legally do so. As long as the force used by officers would be considered proportionate to the situation at hand by an individual acting and thinking reasonably, it is unlikely that the police will be found liable for harm caused as a result.

However, if the police admit using force on you then the burden is on them to prove that force was used unlawfully, and that it was not excessive in the context of the situation. If the police cannot prove this, their use of force will constitute assault – and you may well be able to make a claim.

How do you know if the police have breached PACE?

Recognising and proving a breach of PACE can be very challenging, particularly without a good working knowledge of the law, which is why it is vital to research your rights when it comes to interactions with the police.

However, indicators of a breach of PACE often include:

  • Notable and/or disproportionate harm or distress caused to those at the receiving end of police activity
  • A lack of clear and reasonable grounds for an activity covered by PACE
  • A provable lack of clarity or communication regarding the process
  • Insufficient documentation, materials or equipment (e.g. no warrant, no evidence)
  • Obvious and provable examples of bias, hostility or intolerance against a specific demographic

If you suspect that officers have acted in breach of PACE, we highly recommend that you seek legal advice immediately. Specialist solicitors, such as the team at DPP Law, will be able to help you determine whether or not any actions taken by the police are likely to constitute a breach.

What legal action can you take if your rights have been violated?

Whether you have been affected either directly or indirectly by police misconduct, you will be able to make a complaint via the Independent Office for Police Conduct (IOPC).

According to the body’s site, the most common outcomes of the complaints they receive are:

  • The provision of information or an explanation to the complainant
  • Advice from a supervisor and the identification of training needs within the police
  • An apology on behalf of the force
  • Officers are required to reflect on their performance with their supervisor and take action
  • A change to policy or procedures

Not every complaint is subject to an investigation via this route, and sometimes, the IOPC decides that no action should be taken in response.

It is also worth noting that complainants are not able to be compensated via this route. For more decisive action – and for the opportunity to receive compensation – legal action may be more effective in many cases.

It is possible to pursue both avenues and, indeed, doing so may generate the most impactful and comprehensive result.

What compensation can you claim for police misconduct?

While the exact sum you may receive cannot be estimated without full details of the incident(s) in question and the resulting impact on your quality of life, a successful claim may result in compensation for:

  • Damage to property or belongings
  • Loss of reputation
  • Stress/mental anguish
  • Financial loss (such as loss of earnings)
  • Personal injury

A court may award Basic, Aggravated or Exemplary damages, depending on the specifics of the case.

Basic damages are paid to cover the real-world costs and losses incurred as a result of the relevant breach of PACE.

Aggravated damages are awarded when the court considers that basic damages alone would not sufficiently compensate the Claimant for injury to their feelings caused by humiliating, degrading, obstructive, antagonising or malicious treatment.

Exemplary damages are punitive financial charges, designed as a penalty to be paid when officers have seriously breached PACE in particular arbitrary, oppressive or unconstitutional ways. They are comparatively rare, and the amount paid is effectively a ‘windfall’ to the Claimant, who will receive it on top of his or her compensatory damages.

If you are considering legal action against the police, don’t hesitate to get in touch with the experienced solicitors at DPP Law today. We can help you to build your case, collect evidence, represent you in a court of law and push for a fair and appropriate level of compensation.