Hennah Haywood has dealt with a number of successful Civil Action cases and each case is dealt with on its own merits. Our team are leaders in bringing civil claims for compensation against the police and breaches of human rights law and our specialist department can assist you in establishing whether there may be grounds for a claim. If you believe you qualify to make a claim, contact us today for us to assess your case on 01633 262848 or click the button below.
Our specialist areas include pursuing a claim for Wrongful Arrest, False Imprisonment, the unlawful use of a Police Warrant, Police Abuse and Misconduct.
When should I make a claim?
Ordinarily, the Limitations Act 1980, states that a person must make a claim within three years from the date of knowledge in the cases where a physical injury has been caused and six years from the date of knowledge in other cases.
The start of the three or six-year period can vary but your solicitor will be able to determine this date for you. If there is a death in Police custody or as a result of contact with the Police, a family member, sometimes known as an Administratrix or Administrator, is entitled to pursue the claim on the part of any deceased party.
Wrongful Arrest.
When an arrest takes place a police officer is entitled to use reasonable force to detain the person that he or she is arresting.
The use of handcuffs is prima facie unlawful and can only be justified if the arrest was lawful and the use of handcuffs constituted "reasonable force". It is in this context that the use of handcuffs depends on the circumstances but is often made on an objective basis for believing that a person may escape or use violence.
If none of the above features are present, this may give rise to a claim for damages.
False Imprisonment.
This is the most common head of claim in civil actions against the police, Even if a Chief Constable is able to show that an arrest was lawful, there are subsequent provisions that have to be complied with to ensure that the continued detention is lawful. Such provisions are set out in part IV of the Police and Criminal Evidence Act 1984 as amended.
After a person has been arrested, it is the custody officer who must determine whether there is sufficient evidence to charge a person for the arrest which he was arrested.
If there is insufficient evidence to charge a person, the custody officer must release him and her on bail, unless the custody officer has reasonable grounds for believing the persons detention without charge is necessary to secure and preserve evidence relation to the offence or to obtain evidence through questioning.
Police Abuse / Misconduct.
Unfortunately, Police Misconduct does happen. Anyone who has been treated badly may be able to pursue an action against the Police claim. You may have been discriminated against, assaulted, detained or incorrectly prosecuted.
You may have been stopped and Police may have searched your house or car when they did not have the correct authorisation. A loved one may have been killed by the police or may have died in Police custody. Information may be held by the police about you that is inaccurate, irrelevant or simply unnecessary, or given by the police to others when they should not have done so.
You may have been a victim of or witness to a crime and not been given an appropriate service by the police.
Map showing UK Police Boundaries
What is the value of my claim?
Guidance in relation to the value of Civil Claims Against the police can be obtained from the leading case of Thompson v The Commissioner of Police for the Metropolis. This case provides a starting point of £500 for the first hour, to cover the initial shock of being arrested and detained, and 24 hours of being in custody, on a sliding scale, of about £3,000. These figures were subjected to a 10% uplift in the case of Simmons v Castle and the current figures stand around £910 for the first hour and £5,500 for 24 hours in custody.
In addition to a claim for general damages there may be an argument that the Claimant is entitled to seek aggravated damages which are awarded in addition to general damages or aggravated features and exemplary damages which are awarded to show disapproval of police conduct.
Each individual claim will be unique and dependent upon the circumstances of the case. It will also rest on the case being settled in or out of Court. Your solicitor will be able to advise you fully on the potential value of your claim.