If you have recently been arrested and held in custody, but you believe that the arresting officers did not have just cause, you could make a wrongful arrest claim and be entitled to compensation. The police can only make an arrest on certain grounds, and the individual under arrest must be informed as to why they are being arrested. Sometimes, the police can use unnecessary force, and some people may believe they are being targeted because of their appearance or background. If you are considering a claim, you should seek advice from qualified litigation solicitors as soon as possible.

Here at Van Eaton Solicitors in Streatham, we have years of experience in handling successful wrongful arrest claims, enabling our clients to clear their names to protect their reputations. Our litigation team can analyse your case and find the necessary evidence to get you the best results, all the while implementing alternative dispute resolution to keep your claim out of court wherever possible.

 

Your Rights Before and After an Arrest

When a person is arrested, they are then taken into custody before questioning. Following this, they may either be charged or released. At the time of arrest, the police must identify themselves as the police, tell you why you have been arrested and why it is necessary to arrest you.

Anyone under arrest, has the right to be treated humanely both at the time of their arrest and in custody and to have someone notified of their arrest and be able to seek the advice of a solicitor in private.

Whilst in custody, the arrested individual should be told why they are there. They should be offered extra support, such as a translator or extra help with communication if required , plus medical attention if they are ill. If you believe your rights were violated, or you believe that the arresting officers or the custody officer acted unlawfully, you should seek legal advice as soon as possible.

Our civil litigation solicitors can help identify if any of your human rights were violated during the arresting and custody process and begin proceedings to help you claim for compensation if they perceive them to have been so.

 

How You Can Make a Claim

No matter whether you were charged for the crime you were accused of you can still sue for wrongful arrest if your rights were violated in any way. You can sue the police for false imprisonment and violence, as police can only use reasonable force if you become violent.

To win your case, you must prove that you were detained and there was no lawful justification. The police can only arrest you if they have a good reason, if the court has issued an arrest warrant, or if someone is in the process of committing an offence or was about to.

How much you can sue the police for depends on how long you were detained, and the extent of the damage caused to your personal life. Compensation can start from around £1000 and can jump to £6000 if you were held for longer than 24 hours.

There are also different time restrictions when it comes to making a claim; you have 12 months from the date of the arrest for a breach of human rights, three years for negligence and assault, and six years for false imprisonment. However, it is always advisable to start making a claim as soon as possible, whilst the memories are still fresh in your mind.

 

How Our Civil Litigation Solicitors Can Help

Here at Van Eaton Solicitors, we have years of experience in dealing with a range of civil litigation cases in South London and the surrounding areas. Our contentious probate solicitors can help you handle your will disputes effectively and efficiently, whereas our construction law experts can help you claim compensation if your property is unfit for purpose. If you believe you were wrongfully arrested, we always aim to resolve disputes professionally, assessing your case in order to get the best results.

To find out more, or to book a free consultation, please give us a call on 0208 769 6739. Alternatively, you can fill out our online form here.