False Arrest Compensation Guide

Getting arrested by the police is a serious and often distressing experience. But what happens if that arrest was unlawful? If you’ve been the victim of a false arrest, you may be entitled to compensation through a civil action against the police.

This false arrest compensation guide explains your legal rights when you have been arrested in England and Wales, what you can do if you have suffered false arrest, how to make a claim, and how much compensation you could receive.

What is a false arrest?

A false arrest occurs when the police detain you without lawful justification. In England and Wales, this is closely linked to the tort of false imprisonment, which is defined as the unlawful restriction of a person’s freedom of movement.

For an arrest to be lawful, police must have reasonable grounds to believe you have been involved in a crime, are in the process of committing a crime or are about to commit a crime. The arrest must also be necessary. Both of these conditions must be met in order for an arrest to be made without a warrant lawfully, if one or both of these conditions are not met, this could be false arrest.

Even a short period of unlawful detention can qualify as false imprisonment, meaning you may have grounds to bring a claim.

A picture of a man being arrested by police, his hands are behind his back in handcuffs and he's being escorted down the road by a police officer in uniform

What is necessity to arrest?

The Police and Criminal Evidence Act 1984 (PACE) establishes a range of conditions that would make an arrest necessary. These include:

To ascertain a person’s name or address.
To prevent physical harm.
To prevent loss or damage to property.
To prevent an offence against public decency.
If there is an unlawful obstruction to the highway.
To protect a child or vulnerable person.
To prevent the investigation of an offence or the prosecution of the suspect being hindered.

For more detail on necessity to arrest, read this article. Police must consider other practical alternatives to arrest first, only if there is an absence of such alternatives is an arrest justifiable.

When is an arrest unlawful?

Police officers must meet strict legal criteria before making an arrest. If they fail to do so, the arrest may be unlawful.

A false arrest may arise where:

There was no reasonable suspicion you committed a crime
The arrest was not necessary (e.g. you could have been interviewed voluntarily)
You were arrested due to mistaken identity
The police used incorrect or unlawful procedures

In civil claims, the burden is on the police to justify that the arrest was lawful.

Arrested man in handcuffs with handcuffed hands behind back in prison

False arrest and false imprisonment

If you were detained following a false arrest, the time spent in custody is legally classed as false imprisonment.

This means you may be able to claim compensation for:

Loss of liberty
Emotional distress
Financial losses (e.g. lost earnings)

You can claim compensation for both false arrest and false imprisonment. It is best to consult an experienced action against the police solicitor who will be able to assess your case and let you know exactly what you are eligible to claim compensation for.

Can you claim compensation for false arrest?

Yes. You can bring a civil action against the police if your arrest was unlawful.

False arrest can be a very distressing experience and lead to a range of damaging consequences for an individual, including, loss of earnings and psychological damage. You are, therefore, entitled to seek redress in the form of compensation.

False arrest compensation guide: how much compensation can you get?

Compensation for false arrest in the UK varies depending on the circumstances, but key factors include:

Length of detention
Severity of the incident
Impact on your life
Conduct of the police
Loss of earnings

Typical compensation amounts:

While each case differs depending on the specific circumstances involved, as a general false arrest compensation guide you can expect to receive:

Around £1,454+ for the first hour of unlawful detention
Thousands of pounds for longer detention periods
Additional damages for distress can result in extra compensation

In some cases, courts may also award:

Aggravated damages – for humiliation or distress
Exemplary damages – to punish serious police misconduct

Real-life settlements can range from a few thousand pounds to significantly higher amounts, depending on the case. Read our case studies to see previous examples of compensation we have helped clients obtain for police misconduct.

Cropped view of teenage boy being handcuffed.

What should you do if you have been falsely arrested?

If you believe you’ve been a victim of false arrest, taking the right steps early can strengthen your claim:

1. Seek legal advice

Contact specialist solicitors experienced in actions against the police as soon as possible.

2. Gather evidence

Keep records of:

Custody times and location
Names or badge numbers of officers
Witness details
Medical or psychological impact

3. Make a complaint

You can submit a complaint to the police force or via the official complaints system of the individual police force in question or through the Independent Office for Police Conduct IOPC, who will then refer it to the relevant police force. It is important to note though that a police complaint will not result in you gaining compensation, you must make a civil claim for compensation.

4. Start a civil claim

Begin a civil claim to get compensation for your ordeal.

What are the time limits for bringing a claim?

In most cases, you have six years to bring a civil claim for false arrest or false imprisonment in the UK. However, it’s always best to act quickly while evidence is fresh.

HNK Solicitors can help with your false arrest claim

At HNK Solicitors, we specialise in civil actions against the police, helping clients secure compensation for false arrest and unlawful detention, as well as a range of other forms of police misconduct.

We have many years of experiencing helping clients to successfully claim thousands in compensation after they have suffered false arrest and false imprisonment at the hands of police. We understand how distressing these experiences can be and offer expert legal advice, clear guidance throughout your claim, and ongoing support. We offer free consultations and can even take on claims on a no-win, no-fee basis.

Even short periods of unlawful detention can lead to compensation, and we are here to help you pursue the justice you deserve. If you’ve been the victim of a false arrest, you don’t have to accept what happened.

Contact HNK Solicitors today to discuss your case and take the first step towards making a successful claim. Call us on 0151 668 0816 or email enquiries@hnksolicitors.com.