Being arrested and charged for a crime that you didn’t commit can be damaging. Not only is there the psychological trauma to deal with, there’s also the harm it can cause to your personal and professional reputation.
If you find yourself in this difficult position, there is potential redress.
In UK law, a police officer is only allowed to arrest someone if they’re wanted on a warrant, or if they have a “reasonable belief”, that an individual might have been involved in a criminal offence, or are about to commit one.
The police can make an arrest anywhere – whether that’s your home, your workplace or in a public place.
0333 800 0033 or filling in the Contact Us form.
If you’re arrested the police must always:
- Inform you that they are the police
- Explain that you’re under arrest
- Explain the crime they are arresting you for
- Inform you why it’s necessary to arrest you
- Explain to you that you are detained, and may not leave
Only if you resist arrest or try to run away should police use “reasonable force”. This may consist of using handcuffs or pinning you down. If more than reasonable force is used this can constitute assault.
If these rules are not followed, then you may have grounds to sue the police for an unlawful arrest.
If you are found to be the victim of unlawful arrest, any time you spend in custody is classified as an unlawful imprisonment. As your human rights have been violated and your freedom of movement restricted, you may have been the victim of a civil wrong, and criminal act.
Every year UK police forces pay out millions on wrongful arrest, false imprisonment, malicious prosecution, and misfeasance claims. Many of these are settled out of court.
Any claim for wrongful arrest depends on two factors:
- Whether or not the officer involved should have believed that you have committed a crime or were intent on committing a crime.
- Whether it was truly necessary for the arrest to be made.
If it can be proven that ongoing inquiries might have made an arrest unnecessary then a claim for wrongful arrest might be successful. Any imprisonment that followed on from this wrongful arrest would then be regarded as illegal and liable to a claim.
Murria Solicitors have considerable experience in the area of wrongful arrest, false imprisonment, assault, malicious prosecution, and misfeasance. Cases have been successfully brought against authorities such as the police, Home Office and the courts, as well as private security firms.
Some of our successful cases have included the wrongful arrest and detention of a family, a family home wrecked by police error and police record data violation and deletion. These are typical cases that Murria Solicitors have dealt with over the years and we continue to be one of the go-to law companies that people turn to when they are faced with these harrowing circumstances.
It’s vital that cases in this complex area of law are handled by specialist lawyers. At Murria, we have extensive experience at handling trials both with, and without a jury and can advise which option may be best.
We also have experience conducting trials in the County Court, High Court and Court of Appeal and in related judicial review work, particularly in challenging the issue of search warrants. Many of our cases have featured in the Law Reports and serve as a reference point for other cases as an accurate and authoritative record of proceedings.
Our Wrongful Arrest and False Imprisonment team is headed by Mr Galwinder Singh Kang, who has significant experience of the field built up over two decades. Galwinder will undertake a comprehensive review of your case and advise on the best action to take.
A claimant may be entitled to trial by jury, something which is rare in civil proceedings.
Our experienced team want to hear your case. We will offer confidential, sensitive advice and suggest the best way to proceed. Contact us today to discuss your case in detail.
We assess each case on its individual facts. If we are satisfied that your claim has sufficient merit, we may agree to act on a ‘no win, no fee’ basis. We do not offer legal aid (public funding). Full details of funding options, hourly rates and terms of business will be provided if we are willing to accept instructions.
Our client was assaulted and had his head aggressively banged against
Our clients were rudely awakened in the early hours of the morning as Police officers executed a search warrant on their house, which was in fact the wrong address.