When someone is arrested, the police have significant powers when it comes to detaining a suspect, but these only come into play when the arrest is lawful. When someone is imprisoned unlawfully, it would obviously be a very distressing experience. Such arrest would bring up a range of legal issues, and there are actions that you can take against the authorities that imprisoned you in the first place. Making a false imprisonment claim relies on proof, which qualified civil litigation solicitors can help you establish if you have been the victim of an unlawful arrest and/or subsequent detention.
Our previous article covered matters of unlawful arrest; there are certain steps and obligations that police officers must follow when arresting an individual, any unnecessary aggression or failure to follow protocol when informing someone why they are being arrested can bring along claims. Our expert solicitors in Streatham Hill can help you resolve your dispute effectively, advising you on the best route to take to make sure you get the results you need. If you believe you have been falsely arrested, ready our latest article below.
What is False Imprisonment?
Making a false imprisonment claim is similar to a false arrest claim, except you must spend time in custody for it to be classed as ‘imprisonment.’ If you were detained and you believe it was the result of malicious prosecution, or you believe the police acted in an unlawful manner, you should aim to seek legal advice as soon as possible. It may seem daunting to bring a claim against the police, but every year, the UK police force pay out millions in wrongful imprisonment and arrest claims. If you have any reason to believe you were a victim of false imprisonment, you can book a free consultation with us today.
False imprisonment can occur in many different scenarios, an unlawful search where the necessary formalities have not been complied withy by the police as well as during questioning or in prison. The means for detention does not need to be physical, as just being detained for no apparent reason is enough, whether force was used, or you were simply told that you were being arrested.
Proving False Imprisonment
When making a claim, the claimant must prove they were wrongfully detained, but qualified litigation teams are on hand to provide support and advice wherever possible. The claimant must prove that they were detained/imprisoned and that there was no lawful authority that justifies the detention. Once you have brought a claim, the police (in this case, the defendant) must prove that the imprisonment was lawful. There is no minimum period of detention for a claim to succeed, but the length of time spent in detention can affect how much you can claim in compensation.
Once a claim has been made, the burden of proof falls upon the police to prove there was lawful authority to detain the person. Police will commonly state that they were carrying out a lawful arrest. There are certain conditions that must be met when making an arrest and imprisoning an individual, which is stated in Sections 24 and 28 of the Police and Criminal Evidence Act 1984.
How We Can Help
Here at Van Eaton Solicitors in Streatham, we have extensive experience in helping claimants make and build false imprisonment claims, taking actions against the police when they have acted unlawfully, and our clients are entitled to compensation. We can implement alternative dispute resolution to keep your case out of court wherever possible.
To find out more, please give us a call on 0208 769 6739, and we will be happy to assist.