If you have been arrested and released without charge you may be able to sue the police for assault, battery and unlawful imprisonment. When the police arrest you they must have reasonable grounds to suspect you of an offence. Even if you’re released without charge the police may still have had good reason to suspect you – it will depend on the circumstances. Conversely you may be convicted of an offence and still be able to sue for wrongful arrest. For example you may be convicted of affray but the arrest was unlawful, because affray is not an arrestable offence.
If you have been prosecuted and had the charges dropped, you may be able to sue for malicious prosecution if you can show that the police lacked an honest belief that you were guilty of the offence.
You can sometimes sue the police even if you haven’t been arrested. If the police shove or punch you on a demo then they will be liable for assault or battery, if they did so without lawful authority or excuse – e.g. where a Section 14 notice was unlawful.
When suing the police, you would normally sue the chief constable of the police force in question – he is “vicariously liable” for the actions of his officers whilst in the course of duty.
How much can you claim?
The amounts awarded against the police can be considerable. If, for example, you are unlawfully detained for as little as six hours you will be liable for damages of between £1,500 and £2,000. But if you have been unlawfully handcuffed, strip-searched or treated to any unwarranted force during the course of the arrest, you may well receive much more. The courts may additionally award “exemplary” damages against the police if it can be proved that they have abused their power or acted oppressively. If the police think you have a good chance of winning your case, they may award you out of court damages by way of a settlement.
Legal Aid
If you think you may have grounds to sue the police, contact a solicitor who specializes in actions against the police. If you are on Job Seekers Allowance, Income Support or a low wage, you may be entitled to Legal Aid. The Legal Aid system enables claimants on a low income to sue, where they can show that they have a reasonable chance of success. You may still be able to get legal aid if you are working, but you could be asked to part fund the action yourself. The Legal Aid board will review the case as it goes along as more evidence comes to light. If as a result of evidence presented by the defendant it appears that your case has little chance of success, legal aid will be withdrawn. Legal aid may also be refused if the costs of bringing the case exceed the amount of money you are likely to win if you are successful. So long as you have Legal Aid, not only will your solicitors and barrister’s fees be paid for you, but also the defendant’s costs if you go to trial and lose.
Human Rights
You can now sue the police for breach of Section 6 of the Human Rights Act 1998, for acting in a way, which is incompatible with your European convention rights. This could be, for example, where they try to move you for obstructing the highway when leafleting outside a fur shop, as they would be disregarding your right to freedom of expression under Article 10 of the European Convention on Human Rights.
The problem with suing in situations for such relatively minor breaches however is that you will be unlikely to be granted legal aid. With out legal aid you will be liable for the defendant’s costs if you lose – thousands of pounds if the case goes to trial – even if you can afford your own legal fees. There is a procedure known as the small claims procedure where costs are not awarded. But although this is generally the procedure used for claims below £5,000 it is not normally suitable for actions against the police.
The following firm of solicitors specialize in legal actions against the police:
IRWIN MITCHELL
Irwin Mitchell Solicitors,
St Peter's House,
Hartshead,
Sheffield. S1 2EL
Tel: 0870 1500 100
Fax: 0114 275 3306,
http://www.imonline.co.uk
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