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
•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 statute. 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.
There is a 12 month time limit to make a complaint against police misconduct, we can help you with that and with any appeal to the Independent Police Complaints Commission (IPCC).
Police Code Of Conduct
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.
Real Life Example
A Lawyer has been awarded compensation from the Metropolitan Police for wrongful arrest, false imprisonment and for being detained without regard to his health. He is also to receive a formal apology from the Metropolitan Police after he was arrested while defending a client at the High Court. In July 2009, Colin Challenger, 65, had been representing a party in a Bankruptcy case in the High Court when the incident occurred.
His opponent accused him of delaying tactics and an altercation occurred whereby Mr Challenger was approached by a man who began to point and wave his fist in the Barrister's face. Mr Challenger allegedly pushed him through a door and was arrested for common assault, handcuffed and bundled into a police van.
Colin Challenger, 65 sought £150,000, claiming he was assaulted and fell into a diabetic coma in his jail cell after the arresting officer confiscated his insulin pen. He claims he was wrongfully detained and suffered damage to his reputation after he was photographed being led away in handcuffs following a fracas outside the Royal Courts of Justice in July last year. Mr Challenger was rushed to Chelsea and Westminster Hospital after dangerously falling into a coma.
Five months after his arrest the case against him was dropped and Mr Challenger decided to pursue a claim against the Metropolitan Police for a breach of his civil rights. "I was arrested even though it was me being attacked," said Mr Challenger, expressing that the police had employed "completely outrageous behaviour". He told PC Enis Muhammet, who arrested him, that he was an insulin-dependent diabetic who had missed his lunch, but was given no food and his medication was confiscated, he claimed in a High Court Writ. He was held in a cell but fell into a coma and needed hospital treatment. He said he was detained for more than five hours, photographed, fingerprinted, and had his DNA taken.
Scotland Yard has now issued a full apology and has paid Mr Challenger somewhere in the region of £100,000 in compensation for his ordeal and the lost earnings it caused him. Mr Challenger said “My treatment was abominable. His [PC Muhammet’s] actions were wholly unjustified. He never once asked me what had happened; he just put me in handcuffs and dragged me out into Fleet Street. I ended up in the casualty department and therefore the damages I have agreed to accept are considerable”.
A Metropolitan Police spokesman confirmed that all charges against Mr Challenger in relation to the alleged assault were dropped in January. The Civil case against the Metropolitan Police was settled at a meeting on July 29. Police sources said PC Muhammet had faced no disciplinary action as no official complaint was made about his conduct. Scotland Yard said: “We are aware proceedings have been issued at the High Court… it would be inappropriate to discuss them further at this point”. Police officers have the right to detain someone if they have probable cause to believe a crime has been committed and that the person is so involved; however, the prisoner must be given access to food, water and healthcare if necessary, as well as the assistance of a solicitor. If you feel you have been unfairly treated you should seek the advice of a lawyer specialising in civil liberties.
Click on links below for other real life examples.
http://www.bbc.co.uk/news/uk-england-london-13470956
http://www.guardian.co.uk/uk/2011/sep/23/met-compensation-royal-wedding-protester
http://www.telegraph.co.uk/news/uknews/crime/8024741/Grandmother-62-awarded-99000-compensation-after-police-blunder.html
McMillan Williams
We have acted for clients who have experienced problems with the police, prison service and private bailiffs. The common feature in most cases is the general denial initially from the organisation concerned that anything has gone wrong. What tends to happen is that once evidence is produced, the stance of the organisations concerned changes. Until an individual knows their rights, which invariably means taking legal advice, most people do not know if their civil liberties are being infringed. Somewhat worryingly, it appears that on occasions the individuals who are carrying out public duties are unaware of their own responsibilities.
We are an approved supplier for the Legal Services Commission (public funding) for actions against the police work. This means that the Legal Services Commission audits our work from time to time. Specialist firms such as ourselves have a higher success rate in claims than non-specialist firms. The Government only chooses to spend its money funding firms with a good win rate such as us. Would you want to be any different? Choose a specialist.
Contact Us
If you wish to contact us specifically about a claim against the police, please contact us on 0208 253 7610 or email southcroydon@mwsolicitors.co.uk.