Police misconduct solicitors: how we can help with your police misconduct claim
Police misconduct solicitors: how we can help with your police misconduct claim
Have you ever been the victim of police misconduct? Maybe you have been wrongly arrested, falsely imprisoned or have suffered assault or battery by police. If this is the case, you could be entitled to compensation.
The police are here to protect and serve, and in doing so, they are afforded specific powers to help them maintain order, effectively police situations and protect the general public. However, when police abuse these powers and act unlawfully, this is classed as police misconduct.
Police misconduct is a serious thing with far-reaching consequences. In recent years, there have been many reports of police misconduct across a vast amount of police forces in England and Wales, which has shaken public trust in the police. No one should have to accept poor police conduct. If you have been the victim of police misconduct, you have the right to seek compensation through a police misconduct claim.
Police misconduct solicitors can help you claim compensation for your ordeal, they’re experts in dealing with police misconduct claims, ensuring their clients get every penny they’re entitled to. Read on to find out more about what police misconduct is and how police misconduct solicitors can help you.
What is police misconduct?
Police misconduct is a blanket term for any inappropriate or illegal actions taken by police officers that breach the Standards of Professional Behaviour, as outlined in the Police (Conduct) Regulations 2020. This can include minor infractions, serious misuse of power or even outright illegal behaviour.
The ten standards outlined in the Police (Conduct) Regulations 2020 are as follows:
- Honesty and integrity
- Authority, respect and courtesy
- Equality and diversity
- Use of force
- Orders and instructions
- Duties and responsibilities
- Confidentiality
- Fitness for duty
- Discreditable conduct
- Challenging and reporting improper conduct
Examples of police misconduct
There are many forms of police misconduct. Below are some specific, common examples of police misconduct that we often help clients to claim compensation for.
Examples of police misconduct include:
- Assault, battery or excessive force – There are several occasions where it can be argued the police have assaulted you. If they use unnecessary or excessive force when arresting you or when upholding the law, this can be classed as assault. If an arrest is deemed unlawful, then any force used, including restraint, handcuffs, tasers, pepper spray, or the threat of using a baton, can be classed as assault. Read more about police use of force powers here.
- Wrongful arrest – If the police do not have “honest and reasonable grounds” to suspect you have been involved in a crime or may carry out a crime, do not have a warrant to arrest you, or the arrest was not necessary, then this could be classed as a wrongful arrest.
- False imprisonment– If an arrest is wrongful, then any time spent detained can be classed as false imprisonment. Even if an arrest is lawful to begin with, if circumstances change and there is no longer a valid reason to keep you under arrest, you aren’t charged with an offence or officers don’t follow PACE, then this can result in false imprisonment.
- Unlawful stop and search – The police can only stop and search individuals in order to search for drugs, weapons, stolen property or other illegal items, or if they suspect you to be a terrorist and feel you may be carrying something which may be evidence you are a terrorist. They can only do so if they have sufficient reason to believe you are carrying them. If they stop you without proper justification, this can become unlawful. Read more about police stop and search powers here. However please note if a s.60 (Criminal Justice & Public Order Act) order has been placed on a specific area by a officer of at least rank of a Superintendent then the police do not require suspicion to search you providing the order has been implemented correctly.
- A breach of human rights – If police breach your human rights as laid out in the Human Rights Act 1998, such as through a wrongful arrest or false imprisonment, due to mistreatment while in police custody or due to excessive force, then this could be classed as police misconduct.
- Malicious prosecution – If you have been charged, the prosecution has ended in your favour and the prosecution has been brought without reasonable and probable cause and you have been prosecuted through deliberate malice on the part of the police, this is malicious prosecution. This could be through fabrication of evidence, bias against you by police investigators, false testimony from officers or deliberate failure to conduct a full investigation.
- Trespass to property – If police enter your property without lawful justification this can be trespass to property. Read more about police powers of entry here.
- Discrimination under the Equality Act – The Equality Act 2010 makes it unlawful to discriminate against someone based on protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, race, religion or beliefs, sex, sexual orientation, pregnancy and maternity. If police treat you badly or worse than someone else because of these protected characteristics, this is police misconduct.
- Misfeasance in public office (abuse of power) – This is a form of misconduct that occurs when an officer acts in bad faith or abuses their power to intentionally cause harm or damage.
- Unlawful retention of data – This is a breach of your data protection and human rights. If you are arrested and subsequently released without charge or conviction, or received an outcome of no further action, providing you have no other convictions or pending prosecutions, the police should not retain your data on record. If they do, you could be entitled to compensation.
What to do if you have suffered police misconduct
If you have suffered police misconduct, you could be entitled to claim compensation. Any form of misconduct from the police can be extremely distressing and can cause long-lasting emotional trauma. When police abuse their powers and act unlawfully, they should not be allowed to get away with it and they should be held to account.
There are several steps you can take if you have suffered police misconduct, based on the outcome you desire. The first thing you can do is make a police complaint to the relevant police force. This ideally should be a written statement with your full name, address and contact information as well as details of the allegation and complaints you have. The Independent Office for Police Conduct (IOPC) provide a useful form on their website that you can use for writing your complaint. When a complaint is made to the police, the purpose is to have the officer(s) investigated for the complaint that was made. This is then investigated by the force’s internal professional standards department.
Another option is to make a civil claim against the police. In this instance, you are suing the police with the purpose of obtaining compensation. As police claims are highly contested, it is advised you instruct experienced police misconduct solicitors to act on your behalf to ensure you get the compensation you are entitled to.
Why make a police misconduct claim
A police misconduct claim can help you to get compensation for the ordeal you suffered, and the money could help in some way to allow you to move on from the incident. The consequences of police misconduct are far-reaching and can have long-lasting effects such as physical or psychological injury, reputational damage and financial losses. The compensation can help you to recover any losses suffered and pay for any rehabilitation needed.
How police misconduct solicitors can help
Police misconduct solicitors are experienced in making police misconduct claims. They know the ins and outs of all the rules and regulations and the law surrounding police misconduct, so they are your best chance of ensuring a successful claim. They can fight on your behalf, gathering all relevant evidence to support your claim and ensure the best chance of success.
Police misconduct solicitors can also appeal decisions on your behalf and can negotiate with the Defendant police force for you if they feel the compensation offered is not sufficient. They’ll be able to advise you on the best course of action and whether or not the compensation you are offered is fair for the misconduct suffered.
Experienced police misconduct solicitors will also be able to provide a sensitive and thoughtful service, supporting you through this distressing and challenging experience.
HNK Solicitors can help with your police misconduct claim
HNK Solicitors have a team of dedicated action against police solicitors with many years of experience helping clients claim compensation for police misconduct. As experienced police misconduct solicitors, we have extensive knowledge of the relevant regulations and are committed to ensuring our clients receive every penny they are entitled to.
We provide free consultations to clients who may have experienced police misconduct, which will help us determine whether you have a case and advise on the next steps. We also take on claims on a no-win, no-fee basis, so you don’t have to pay anything upfront to start your claim.
To arrange a free consultation with our police misconduct solicitors, call us today on 0151 668 0814, email us at enquiries@hnksolicitors.com or fill in our online claim form and a member of our team will be in touch.
