Wrongful Arrest & False Imprisonment Claims
Being arrested or detained by the police can be a very frightening experience. When this is done unlawfully or using unnecessary aggression, it can be even more intimidating.
If you have been the victim of wrongful arrest or false imprisonment, our expert lawyers could help you claim compensation from the police.
We could help if you've been:
- Arrested without reasonable grounds
- Held in custody without explanation
- Assaulted
Your rights when arrested or detained by police
The police can only arrest you if they have “reasonable grounds” to believe you have committed a crime. This means that if someone else was presented with the same information, they would come to the same conclusion.
Reasonable grounds might include:
- Reliable information about your involvement in criminal activity
- Evidence you were at the place where a crime happened.
When making an arrest, the police must also:
- Identify themselves as police officers
- Tell you are being arrested
- Tell you what crime they’re arresting you for
- Have a valid reason for arresting you at that point in time.
Even someone suspected of a crime has a right to fair treatment. The police must not infringe on your rights by using their power to intimidate or hurt you.
Are the police allowed to use force?
Yes – but any force used must not be excessive and should be appropriate to the level of threat they are faced with. If they act outside what is necessary, you could make a claim for:
- Assault – the fear that someone will use force against you
- Battery – the use of force against you.
The police need to have justification for any force or physical contact. If they’re attempting to arrest you unlawfully, or they haven’t made clear what they’re arresting you for, any contact made could amount to battery. This also applies if you are trying to defend yourself from an unlawful arrest.
If the police have used excessive force against you during an arrest, while in custody, or during any other interaction, you may be able to challenge their actions and seek compensation.
What claims can I make against the police?
If it wasn’t necessary to bring you into custody, you might have a claim for unlawful arrest.
Wrongful arrests can lead to claims for false imprisonment (which counts from the moment of arrest, through to the journey to the station, and then the time you spend in police custody).
We might be able to help you claim compensation for:
- Loss of your liberty
- Lost earnings
- Physical injury and/or psychological trauma
- Medical treatment and rehabilitation for any injuries
If you believe the police have acted unlawfully towards you, it’s important to get advice as soon as possible. Our specialist solicitors can talk you through your rights, assess whether you may have a claim, and explain what compensation you could be entitled to.