Unlawful imprisonment compensation claims

Unlawful imprisonment, also known as false imprisonment or wrongful detention, occurs when the police intentionally detains an individual without legal authority to do so. If you experience unlawful detention, it can be very distressing, and you rightfully may want to take action against this. Unlawful imprisonment is a breach of your human rights, and as a result, you have the right to claim compensation for the ordeal. 

The police play an important role in helping keep the public safe and ensuring law and order is obeyed. They, therefore, have certain powers they can enact in order to do their jobs effectively, powers that the general public do not have. One of these powers includes the power to imprison people. 

Despite having the power to detain and imprison people, there are set rules in place around these powers to ensure it is done so lawfully. If these rules are not followed and you have imprisoned, this could be classed as unlawful imprisonment. If you have been unlawfully imprisoned by the police, you could be entitled to claim compensation. 

In this article, we will explain the rules around police detainment, what makes an arrest and imprisonment lawful, and in what instances an imprisonment is unlawful. We also explain how you can take action against the police if you have been unlawfully imprisoned and how you can gain compensation for the ordeal. Read on to find out more. 

What is unlawful imprisonment? 

Unlawful imprisonment is a situation in which you are detained without lawful reason. It can occur if an officer arrests you without reasonable grounds to do so, or if they stop and search you without lawful reason. 

A lawful imprisonment can become an unlawful imprisonment if the police detain you for longer than is lawfully allowed. This is because there are limits on how long you can be held in custody in specific circumstances, and your detention must be reviewed periodically. If you are detained longer than is permitted or without a proper review, then lawful imprisonment can become unlawful imprisonment. 

The amount of time police can detain you depends on the circumstances. Generally, the standard amount of time the police can hold you for is 24 hours. After this point, they need to charge you with a criminal offence, release you or obtain authorization from more senior officers or the Court. In special circumstances, they can apply to hold you for up to 36 or 96 hours but can only do so if approved. To find out more about how long police can hold you in custody, read our blog on the subject.

When can the police detain you?

Under The Police and Criminal Evidence Act (PACE), which sets out the rules and procedures of how police can lawfully carry out their job and use their powers, a police officer can arrest someone if they have reasonable grounds to suspect they have committed an offence, and if the arrest is necessary to carry out the investigation. 

When making an arrest, the police must, tell you that you’re being arrested and why as soon as practicable. 

It is not legal for the police to detain you or limit your movement without arresting you, except in a few specific circumstances: 

• Stop and search – Police can stop and search you if they have reasonable grounds to suspect you’re a terrorist, you’re carrying illegal drugs, a weapon, stolen property or something on you which could be used to commit a crime. The police can limit your movement in order to carry out a stop and search, but it must be carried out where they stop you, and as quickly as possible. They cannot detain you in order to find a reason to search you, they must already have a reason to do so, otherwise this could be unlawful. 
• Property search – If the police have a warrant to search your property, they may be able to limit your movement without arresting you. If they are carrying out a legal search of your home, they can ask you to remain in the property while they do so, however, it is a contentious subject whether or not they’re allowed to search your person too at this time. 
• Imminent breach of the peace – The police can also detain your without arresting you if they suspect you are imminently going to breach the peace. Breaching the peace in these circumstances usually means if someone is going to commit harm against other individuals or property and to prevent this from happening, the police can limit your movements. 

Outside of these three circumstances, the police cannot lawfully detain your without arresting you and if they do so this can be classed as unlawful imprisonment, and you could be entitled to claim compensation for this. 

Who can make an unlawful imprisonment claim? 

Those who believe that they have been the victim of a false arrest or unlawful imprisonment may be able to make a claim for compensation. You can also bring a claim against the police on someone else’s behalf if they are unable to, such as if they are a child or lack the mental capacity to do so themselves. 

How to make an unlawful imprisonment claim

You have one year from the date of the incident to make a claim against the police for wrongful arrest or false/unlawful imprisonment. If you are thinking about making a claim, we urge you to do so sooner rather than later and advise you instruct an experienced action against the police solicitor to help you do so. 

An experienced actions against the police solicitor will be able to help talk you through your claim, gather evidence on your behalf and support you throughout the whole process. Police claims are often highly contested, so it is important to have an experienced solicitor who understands the complexities of the relevant laws and regulations who can fight to get the compensation you deserve. 

Often, when you suffer unlawful imprisonment, you also suffer other forms of police misconduct such as assault and battery, therefore, you could be entitled to claim for more and an experienced action against the police solicitor will be able to determine exactly what you can claim for and how much you can claim. 

HNK Solicitors can help you with your action against the police claim

HNK Solicitors have a team of dedicated action against the police solicitors who can help you with your claim against the police. We have many years of experience helping people claim compensation from the police after suffering misconduct. For example, we recently helped a client gain over £7000 in a false imprisonment claim against Leicestershire Police.

If you have ever suffered any form of police misconduct such as unlawful imprisonment, false arrest or assault, we can help. Get in touch with our team today on 0151 668 0812 or enquiries@hnksolicitors.com, to arrange a free consultation to discuss the details of your claim. Alternatively, you can fill in our online claim form to get started on you claim today.