Actions Against The Police

Examples of Legal Actions Against the Police

• False Imprisonment

This is the most common head of loss in civil actions against the police and may arise:

• During a stop and search
• During questioning
• Upon arrest
• In custody

In these cases, a claimant must prove that he or she was detained. Once this is established, the burden is on the defendant to establish there was lawful justification.

• Assault/ Battery

A police officer can use no more than reasonable and necessary force when exercising their lawful powers.

If it can be shown that the purported exercise of their power was unlawful, then the application of all force would be considered unlawful from start to finish and a claimant would be entitled to compensation for any force used during arrest and detention.

Even if force has been used in the furtherance of the exercise of lawful powers, then legal action against the police may still be valid where it can be proved that the application of force itself was excessive.

• Malicious Prosecution

These types of actions against the police are difficult to prove because they require a claimant to prove a number of points.

Firstly, that the defendant was actively instrumental in putting the prosecution in motion. Further, they must prove that the prosecution was determined in a claimant’s favour and, finally, that it resulted in provable damage.

In addition, a claimant must also prove that the prosecution was brought without reasonable or probable cause and the police were motivated by malice/improper motive.

• Misfeasance in Public Office

Closely linked with a malicious prosecution claim, this may be appropriate in a case of civil action against the police where a holder of public office has misused or abused their powers which falls short of malicious prosecution.

In these circumstances, it must also be shown that the relevant actions or omissions caused damage to a claimant; and the officer acted in bad faith – they knew (or anticipated) that the act would probably cause damage of the kind actually caused.

• Trespass

Such a claim may arise whenever there is an unjustified intrusion by a police officer on land owned, occupied or leased by another. Legal action against the police of this type typically occurs because no search warrant was obtained.

• Negligence

This is a familiar head of claim to many people, where it is alleged that there has been negligence in the investigation or suppression of crime. Many claims traditionally failed based on the authority that the police do not owe the public the relevant duty of care required, however in recent years the position has become more nuanced.

Compensation may also be available for breaches relating to the following:

o          Equality Act 2010

o          Human Rights Act 1998

o          Breach of confidence

o          Data Protection Act 1998

o          Defamation

o          Wrongful interference with goods

o          Breach of statutory duty

o          Malicious procurement of search or arrest warrants

Each case is unique and there may be more than one claim or alternative claims to pursue. Make sure your case is well-represented by a quality police misconduct lawyer by speaking to the St Pauls Chambers’ police law team.

You can learn more about our chambers on our website, or visit our blog for our latest case studies, news and information across a variety of legal areas.