Actions Against The Police
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Actions against the Police
These cases are civil claims for compensation made through the courts, allowing citizens who have been subject to the abuse of the police’s extensive powers to sue for damages.
They are brought by people who have been wronged by the police in some way, often falling into one of the categories below:
- Unlawful arrest
- False imprisonment
- The unlawful use of a police warrant
- Police abuse
Such claims go further than a mere complaint: when suing the police, victims of police misconduct usually seek financial compensation and contributions towards their legal costs – although there are instances where additional remedies such as an apology, the destruction of DNA and personal data, or a correction of records held on the Police National Computer can arise.
Types of Claim
Every case relating to an action against the police is different. The most prevalent types of claim relate to the following types of loss:
- False imprisonment
- Assault/ battery
- Malicious prosecution
- Misfeasance in public office
- Trespass
- Negligence
False Imprisonment
This is the most common head of claim in civil actions against the police and is also known as wrongful, unlawful or false arrest.
In these cases, a Claimant must prove that he or she was detained. Once this is established, it is for the Defendant to prove justification (usually on the basis that it was lawful).
Assault/ Battery
A police officer can use no more than reasonable and necessary force when exercising his lawful powers.
If it can be shown that the purported exercise of his or her power was unlawful, then the application of any and all force will be 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 a claim may still be valid where it can be proved that the application of force itself was excessive.
Malicious Prosecution
These types of claims 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 and that the prosecution was determined in a Claimant’s favour and 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 where a holder of public office has misused or abused his 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 – he or she 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: often because no 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 fail on the basis that there is authority that the Police do not owe the public the relevant duty of care required.
Negligence
Compensation may also be available for breaches relating to the following:
- Equality Act 2010
- Human Rights Act 1998
- Breach of confidence
- Data Protection Act 1998
- Defamation
- Wrongful interference with goods
- Breach of statutory duty
- Maliciously obtaining search of arrest warrants
Each case is unique and there may be more than one claim or alternative claims to pursue.
