Being the target of a wrongful arrest can be upsetting and humiliating. Additionally, a wrongful arrest can cause long-term harm to someone’s reputation and on occassion bodily and mental harm. Police must have a valid justification to make an arrest, and they should only do so in extreme cases. The police must adhere to predetermined processes while making an arrest. If the police do not adhere to stringent criteria, you can file a lawsuit for wrongful arrest.
What Must the Police Do if You are Arrested?
Police must first have a good reason to believe you have committed, are committing, or are about to commit a crime before they can legally make an arrest. You can be detained by the police anywhere, including your house, place of business, or the street.
If in the unfortunate event you are arrested, the police must:
Tell you they are the police.
Inform you that you are being arrested.
Inform you of the offence for which you are being detained.
The reasons why it is necessary to detain you.
Explain that you are being detained and cannot leave.
If you try to leave or act violently during an arrest, police should only use “reasonable force.” Pinning you down, applying authorised holds, or in some circumstances, employing a baton or taser are all examples of “reasonable force.” When determining whether the use of force was reasonable and legal, any tools employed by the police, such as batons, tear gas, tasers, or firearms, will be considered. If the police violate any of these guidelines, your arrest may be deemed unlawful, and you may be eligible to file a claim for damages. Following a wrongful arrest, you may still pursue a claim for damages even if you are never charged with a crime.
How to Make a Claim if You are Wrongfully Arrested?
Two primary factors would be taken into account if you wished to file a claim for an unlawful arrest:
Whether or not a person should have given the police reason to suspect they were doing or about to commit a crime.
Whether making an arrest was required or not.
The police may have made an unjustified arrest if they had been able to conduct their investigations without making an arrest. After the fact, the suspicions of the arresting officers may also be examined, particularly if it is thought that their suspicions of the person under suspicion were unfounded. The burden of proof in a case of an unjustified arrest is on the police. You do not need to provide evidence that the police did not behave legally; the police must show that they did so.
How Long Do You Have to Pursue a Claim?
You have a year to file a claim for violating your human rights. Claims for carelessness, assault, and bodily and mental injuries must be made within three years; claims for false imprisonment, trespass, or misfeasance must be made within six years. Making a claim as soon as you can increase your chances of success because your recollections will still be clear and you will have a better opportunity of finding the required evidence.
If you have been involved in a wrongful arrest or are involved in a contentious litigation matter, you can contact Van Eaton Solicitors for a free, no-obligation initial consultation. Call us on 0208 769 6739 or complete the online form.