Actions Against Police

Actions against the Police refer to legal claims made by individuals who believe they have been wrongfully treated by Police Officers or forces. 

These are civil claims, not criminal prosecutions, and they are typically made for compensation, an apology, or to establish misconduct.

 

Common Grounds for Actions Against the Police:

  1. False Imprisonment
    • Detaining someone without lawful authority (e.g. unlawful arrest or overholding)
  2. Assault or Battery
    • Unlawful use of force (e.g. excessive force during arrest or detention)
  3. Malicious Prosecution
    • Bringing a criminal case without reasonable grounds and with improper motive
  4. Misfeasance in Public Office
    • Deliberate or reckless abuse of power by a Police Officer
  5. Negligence
    • Failure to carry out a duty of care 
  6. Breach of Human Rights
    • Violations under the Human Rights Act 1998, such as:
      • Article 3: Prohibition of torture/inhuman treatment
      • Article 5: Right to liberty
      • Article 8: Right to private and family life
  7. Discrimination
    • Under the Equality Act 2010 - unlawful treatment based on race, gender, disability, etc
  8. Data Protection Breaches
    • Unlawful handling or disclosure of personal information.

 

What You Can Claim:

  • Compensation / damages
  • Declaration of wrongdoing
  • Injunctive relief - to stop continued unlawful behaviour
  • Apology and / or admission 

 

Time Limits:

  • False imprisonment/assault: 6 years
  • Human rights claims: 1 year
  • Judicial review (e.g., challenging a decision): 3 months

 

How to Bring a Claim:

  • Gather evidence (e.g. custody records, body-worn video, witness statements)
  • File a complaint through the Police complaints process (e.g. via the IOPC)
  • Seek legal advice from a Solicitor specialising in actions against public authorities
  • Issue a civil claim through the County or High Court if unresolved

 

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