Suing the Police for Misconduct
Sometimes the police act outside their powers. An example of such behaviour is when the police detain a person unlawfully (e.g. where the arresting officer did not have reasonable grounds for the arrest) or go too far in using force in restraining someone (assault and battery). The large majority of our cases involve clients who claim to have been wrongfully arrested, falsely imprisoned or assaulted.
We have experience of handling claims against the Police
We are members of the Police Action Lawyers Group (PALG).
Potential claims
In order to make a claim against the police, your claim must form one of the causes of action set out below:
- Assault & Battery
- False Imprisonment
- Wrongful Arrest
- Malicious Prosecution
- Trespass
- Trespass to Goods
- Negligence
- Misfeasance in Public Office
- Human Rights
- Race Discrimination
Just because you have been acquitted or you are annoyed with the way the police have behaved towards you, does not automatically entitle you to compensation. Police powers are wide ranging (their powers are regulated by the Police and Criminal Evidence Act 1984). The Police have the right to use reasonable force when in the course of their lawful duties. If the Police use excessive force when making an arrest they commit an assault and battery. If the Police prosecute a person without honestly believing that the person is guilty of the offence and the person is not convicted of the offence, the prosecution will be malicious.
As you can see, claims are not always straightforward; therefore we can advise you whether you have a claim.
What can you complain about?
We can help you with complaints against the police to the Independent Police Complaints Commission.
The Police code of conduct sets out the standards police officers must follow. These include requirements to:
- Act with honesty and integrity
- Treat members of the public and their colleagues with respect
- Not abuse the extraordinary powers and authority police officers are granted
- Act in a manner that does not discredit or undermine public confidence in the police service.
What can you claim?
If you have a good claim, you will be entitled to compensation. We can advise you on the level of compensation you could expect.
Time limits
It is important that you do not delay bringing your claim as there are time limits. If claiming under the Human Rights Act your claim must be issued within one year. If your claim is in negligence, within three years, and in most other cases, six years.
In some cases claims can be settled without the need to go to court.
Contact Us
If you wish to contact us specifically about a claim against the Police, please contact our Terence Channer on 0208 253 7610 or email terence.channer@mcmillan-williams.co.uk
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