Actions Against The Police
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Actions Against the Police
Cases involving actions against the police are civil claims for compensation made through the courts. The police have extensive powers, and it’s vital that citizens who have been subject to abuse of these powers are able to bring civil actions against the police.
Legal action against police is brought by those who have been wronged by the police in some way.
Such claims go further than a mere complaint; when bringing legal action against the police, victims of police misconduct usually seek financial compensation and contributions towards their legal costs. However, 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.
Legal Action Against Police
Every case relating to actions against the police is different. The most prevalent types of claim relate to:
- False imprisonment
- Assault/battery
- Malicious prosecution
- Misfeasance in public office
- Trespass
- Negligence
Actions Against the Police Case Studies
- In 2021, one of our members, Ayman Khokhar, successfully represented a claimant bringing legal action against the police for wrongful arrest and false imprisonment. The claimant won damages on the basis that the police did not have reasonable grounds for suspicion prior to her arrest.
- In 2020, Richard Barraclough KC counselled the respondent to an appeal claim of police negligence when a lorry driver was arrested on suspicion of drink-driving and his unattended lorry then had its cargo stolen in an area known for thefts.
Why Choose St Pauls Chambers?
At St Pauls Chambers, our barristers have considerable experience in both bringing and defending actions against the police. We pride ourselves on our collaborative approach so you will receive not only the expert knowledge of your barrister, but the support of the entire team.
From advising pre-action, drafting cogent pleadings, devising an effective case strategy, to persuasive trial advocacy, Actions Against the Police barristers at St Pauls provide first-class representation throughout proceedings.
If you or your client are pursuing actions against the police, or are being investigated in relation to a civil action against the police, please contact us today to speak to our expert team of police misconduct lawyers.
Barristers
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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 Breach of confidence
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.
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Actions Against the Police success for Ayman Khokhar
Representing the Claimant, in a 4-day Trial before Mr. Recorder Treverton-Jones QC at Cardiff County Court, Ayman Khokhar secured a …
Actions Against the Police success for Ayman Khokhar Read More »
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Ayman Khokhar
