What is a malicious prosecution?
A malicious prosecution takes place when the police arrest and prosecute someone for reasons other than to bring them to justice. This could be because they are looking for an excuse to arrest the person in question, or even just because they have had trouble with other members of the victim’s family. Regardless of why it has happened, a malicious prosecution can cause a large amount of distress, and can ruin lives.
This is why it’s important, if you’ve been prosecuted maliciously, and acquitted, that you take action – don’t suffer in silence. But what are the essential elements of a malicious prosecution?
If you’re going to make a claim against the police for a malicious prosecution, you need to keep the following points in mind. A successful case requires that:
- The police have begun a criminal or civil legal proceeding against the victim.
- The police had lost the original false case that was brought against the victim, or the victim has since been acquitted of the prosecution.
- The victim was physically or emotionally damaged by the prosecution.
- There are no reasonable grounds to believe the allegations of the prosecution.
Malicious Prosecution Criminal Case
In 2014, Nordell Edmondson was pulled over while he was driving to get nappies for his daughter. He was wrongly accused of driving without insurance and arrested for his ‘crime’. Not only was he unlawfully arrested, but he also endured baton strikes and CS spray during his ordeal.
The police tried to charge Mr Edmondson for resisting arrest, but the judge declared the arrest as unlawful, and in 2012 he was acquitted of all the charges brought against him. In September 2014, the police awarded Mr Edmundson £45,000 compensation and apologised for the incident.