Can I Receive Compensation For Loss of Earnings For my Wrongful Arrest?
Besides being an extremely troubling experience for those affected, a wrongful arrest can be highly inconvenient. For example, being taken into custody may result in your not being able to attend your place of work for the correct time.
So, is it possible to be remunerated for the money lost as a result? Below, the expert solicitors at DPP Law answer the question: “can I claim compensation for loss of earnings for my wrongful arrest?” They will also explain the circumstances under which you may make a claim, and how to do so.
What is Classed as a Wrongful Arrest?
It is certainly possible for an individual to claim compensation for loss of earnings resulting from a wrongful arrest – however, the arrest must first be proven to be unlawful.
An arrest will usually only be considered false or wrongful if the officers involved did not correctly follow procedure. This is why it’s important to make yourself aware of the actions that must be taken by the police in order to lawfully take someone into custody.
First and foremost, officers must apply for a warrant before arresting you. To do this, they must demonstrate that they have reason to believe that you have been involved in criminal activity and that there is a good reason to arrest you.
When the time comes for them to take you into custody, the police must always:
- Explain that they are the police and let you know that they are arresting you.
- Tell you why you are being arrested and what offence you are believed to have committed.
- Tell you why they need to take you into custody.
- Explain that you may not leave.
Officers are permitted to arrest you without a warrant if:
- They think that you pose an immediate danger to the general public.
- They believe that you are in the process of committing a crime, or that you have just committed an indictable offence.
- They decide that it is in the best interests of the general public to do so.
- They judge that it is vital to take you into custody to discover your identity or confiscate evidence from you.
- You are the subject of an outstanding warrant.
The police must never breach your human rights during an arrest. If you believe that you may have been the victim of a wrongful arrest, it’s important that you consult the Human Rights Act 1988 to be sure that yours have been upheld throughout your time in custody.
Am I Eligible to Receive Compensation for Loss of Earnings?
If you can prove that the police did not have sufficient reason to believe that you were involved in criminal activity or did not make you aware of why you were being arrested, your case may constitute wrongful arrest. The same goes for officers who have arrested you without a warrant without any of the above mitigating circumstances.
Claims for compensation for loss of earnings are relatively common in these circumstances, but in order for your claim to be successful, it is important that you first prove that the arrest was indeed wrongful.
If you think that one or more of the criteria explained above have been met, you should seek immediate legal assistance in order to take the officers involved to court. If you are successful, and your arrest is deemed to have been wrongful, it is likely that you will be able to claim compensation for loss of earnings – as long as you can prove that you did indeed miss out on part of your wage as a result.
How to Claim Compensation for Loss of Earnings
While discussing your case for wrongful arrest with your legal representative, you should also be sure to ask them, “can I claim compensation for loss of earnings for my wrongful arrest?”. They will be able to explain whether this is possible and will also assist you in collecting the evidence that will prove your loss.
DPP Law has over 30 years of experience in successfully representing clients who have been falsely imprisoned and have decided to claim for loss of earnings. Their solicitors will help you to collect the evidence required to prove that your arrest was wrongful – for example, CCTV recordings and phone footage, and will also assist you in providing proof that you missed out on earnings as a result. This may involve providing copies of documentation relating to your work, so it’s important to ensure that you provide as much of this evidence as you can.
Usually, compensation for loss of earnings will be awarded based on the amount lost from an individual’s “net earnings”. This is the amount you take home after tax.
If you were not charged after being arrested, you should not have been held for more than 24 hours under usual circumstances as this constitutes a breach of your human rights. The police may, however, legally apply to keep you in custody for up to 96 hours, or up to 14 days under the Terrorism Act. As a result, you will not usually be able to claim back a great amount, as you can only be compensated to the sum of wages lost.
Under certain circumstances, however – for example, if you have been seriously injured as a result of excessive force used in an arrest and will be unable to work for a considerable amount of time – you may be able to claim for the loss of future earnings too.
In conclusion, in order to receive compensation for loss of earnings as a result of false arrest, you must first prove that it was not lawful for you to have been taken into custody in the first place. To do this, you may provide evidence that the officers in question did not have sufficient reason to believe that you were involved in a crime, that they did not follow proper procedure or that they breached your human rights.
You must then seek legal assistance as soon as possible and work with your solicitor to collect and present evidence both of your wrongful arrest and loss of earnings.
If you are planning on claiming compensation for loss of earnings after a wrongful arrest, contact DPP Law immediately. Our legal experts will provide you with all the support and advice you will require.