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Wrongful Arrest & False Imprisonment

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If you have recently been taken into custody, and you suspect that the arresting officers did not have just cause, used excessive force or arrested you purely because of your appearance or background, you may be able to make wrongful or unlawful arrest claims.

Furthermore, if you were held in custody for any amount of time as a result, you may also be asking yourself, ‘Can I sue the police for Wrongful Arrest?’. The answer is yes. You may also be eligible for a false imprisonment compensation claim. Of all the complaints against the police that are possible, an unlawful arrest is one of the most common.

DPP Law’s specialist solicitors can assist you in actions against the police including building a case and achieving compensation for false arrest. You should always provide our wrongful arrest solicitors with as much evidence as you can. If you have filmed the incident at the time of arrest, the video file could prove extremely valuable to your claim for compensation, as can witness accounts.

You could claim upwards of £1000 in compensation for false imprisonment lasting just one hour.

There are a number of additional qualifying actions for which DPP Law can help clients make a false arrest claim, including:

  • An innocent person being arrested instead of the true culprit
  • A person is taken into custody without having their rights read to them
  • A person being arrested due to discriminatory factors such as race, or a personal grudge or agenda held by police officers
  • An arrest being conducted without a suitable arrest warrant – i.e. one that was falsely obtained

False arrest claim examples include a recent successful case handled by DPP Law. which was covered extensively by the national press. A Liverpool man was rewarded £35,000 in damages for wrongful arrest, false imprisonment, assault and malicious prosecution by the police in 2014.

 

What are my rights if I am arrested?

If you’ve been arrested, you’ll usually be taken to the police station to be held in custody and then questioned. You may be released or charged with a crime.

When you are arrested, the police must:

  • Identify themselves as police
  • Tell you that you are being arrested
  • Tell you what crime you are being accused of
  • Explain why it’s necessary to arrest you
  • Explain to you that you cannot leave

The custody officer at the police station is responsible for explaining your rights to you. While in custody, you have the right to:

  • Know why you are being kept at the police station
  • A consultation with a solicitor at any time
  • Ask for someone to be told where you are 
  • An interpreter if you don’t speak or understand English
  • Help with communication, for example, if you’re deaf or have other auditory issues
  • Medical help if you are ill
  • See a written notice, or letter of rights, telling you about your while in custody, such as breaks for food and to use the toilet.

What can I sue the police for if I am the victim of a wrongful arrest?

If the police fail to follow any of the above rules, you may be entitled to sue for wrongful arrest. Even if you are charged with a crime after being arrested, you are still able to sue.

The police should only use “reasonable force” if you try to run away or become violent. This includes pinning you down or using approved holds, such as handcuffs.

You can sue the police for:

  •  False imprisonment: If you were the victim of an unlawful arrest, any time spent in custody is classed as false imprisonment
  • Assault: You can claim assault if you have been handcuffed or if any unreasonable force was laid on you during the arrest.

What must be proven to win a case of unlawful arrest under UK law?

To win a case of unlawful arrest, the claimant to prove that:

  1. The were detained
  2. There was no lawful authority to justify detention

This is done by determining whether the arresting officer should or shouldn’t have believed that the person involved was involved in a crime. 

The officer’s belief at the time of arrest can even be subject to questioning, especially if it appears that suspicions of arrest were unreasonable.

If the police officer disputes any of these charges, your case will depend on the evidence of other witnesses, and in case of a trial, medical evidence of any injuries.

I have pending criminal charges against me, can I sue the police?

Yes, you can sue the police even if you have pending criminal charges.

We can support you through the full timeline of your wrongful arrest, from representing you in court, to assisting you in a wrongful arrest claim against the police.

I think I’ve been the victim of an unlawful arrest – what should I do?

If you think you’ve been the victim of a wrongful arrest, you should consider all the factors in your claim, and the strength of your evidence. Consulting the help of a legal expert is the best course of action for this, as you’ll want to make sure you have all the proper evidence for your claim.

DPP Law’s wrongful arrest solicitors will provide you with excellent advice and thorough service to help you get the best possible outcome for your claim.

How much can I sue for wrongful arrest?

This would depend on the length of time for which you were unlawfully detained at the police station. Compensation amounts start at around £1000 for one hour and jump to £6,000 or more for a 24 hour period.

What are some examples of false imprisonment?

False imprisonment does not just refer to an innocent person being held in a cell – it can range from being physically held in a way that prevents your escape to being locked in a room, to being threatened with violence if you attempt to leave.

What are the elements of false imprisonment?

All that needs to have taken place to warrant a false imprisonment claim is for an individual without the relevant legal authority or justification to cause the deprivation of liberty, or limit a person’s ability to freely move.

As your legal representatives and advisors, DPP Law can offer you:

  • Trustworthy, 24-hour specialist legal advice, counsel and support
  • More than 30 years’ of experience
  • Clarity and transparency throughout

You can contact DPP Law any time of the day or night if you wish to make a wrongful arrest claim or claim for unlawful detention compensation. Our experienced criminal offence experts provide excellent service will work hard to ensure that your rights are upheld. Get in touch with us today.

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