Malicious Prosecution Compensation Claims

We place a lot of trust in the law to be fair and just. When the police or other prosecuting authorities abuse their power, it can have a devastating effect on your life.

 

Malicious prosecution is different from simply being wrongly accused of a crime – there must be evidence of deliberate malice on the part of the police.

 

You might have a claim if you’ve been the victim of:

 

  • Evidence being fabricated against you
  • Insubstantial evidence being used without full investigation
  • False accusations (for example: that you assaulted a police officer when in fact they assaulted you).

Who can make a claim for malicious prosecution?

Malicious prosecution claims are complex and relatively rare. Not every unsuccessful prosecution will give rise to a claim, even where the person prosecuted was innocent.

You might be able to claim compensation for malicious prosecution if:

  • Your prosecution resulted in an acquittal
  • You’ve successfully appealed a conviction
  • Criminal proceedings against you were formally discontinued by the CPS after you were charged.

To succeed, we must be able to show that the prosecution:

  • Was brought without reasonable and probable cause
  • Was pursued with malice, meaning a deliberate and ongoing attempt to prosecute you unfairly.

We must also show that the prosecution caused you real harm, such as:

  • Damage to your reputation
  • Financial loss
  • Loss of liberty
  • Damage to property

A prosecution that was lawfully brought, even if it later resulted in an acquittal or discontinuance, will not usually amount to malicious prosecution.

Our solicitors have brought claims against almost every major police force in England and Wales. We’ll fight to get you the justice you deserve and the best outcome possible.

Frequently asked questions about malicious prosecution claims

There are strict time limits in place. You have 6 years to make a claim for wrongful arrest or false imprisonment, 3 years to make a personal injury claim, and only 1 year to make a complaint against the police.

There may be exceptions if you’re claiming on behalf of a child or bringing a claim on behalf of someone without the mental capacity to bring their own.

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