Wrongful arrest compensation: How much compensation can you get for wrongful arrest?

Being unlawfully or wrongfully arrested is incredibly distressing and can have a lasting impact on your reputation, mental wellbeing, employment and general life. One of the first questions people may ask after being wrongfully arrested is how they can be compensated for such an ordeal, and what action they can take to rectify it and get justice. People often want to know if they can claim compensation, and if so, how much they could receive.

How much compensation you can get for wrongful arrest in England and Wales depends on the circumstances of the arrest, how long you were detained, whether excessive force was used, whether the arrest was made public or happened publicly, what losses you suffered as a result, and the impact it had on you.

In this guide, we’ll explain how wrongful arrest compensation is assessed, what factors affect the value of the claim, and when you may be entitled to bring legal action against the police for wrongful arrest.

Quick answer: How much compensation can I get for wrongful arrest?

 There is no fixed compensation amount for wrongful arrest in England and Wales. Compensation will depend on the length of detention. Generally speaking, a Claimant would typically recover around and up to £1,400 for the first hour of detention, as this reflects the initial shock of being detained and being detained itself. The awards will then range on a sliding scale, with generally a roof of up to £7,000 for 24 hours.

Every claim is assessed differently based on its own facts. The amount awarded will depend on factors such as whether the arrest was unlawful, how long you were detained for, whether excessive force was used, any financial losses you suffered and the impact the arrest had on your life.

What is wrongful arrest?

Wrongful arrest occurs when someone is arrested, detained or taken into custody by police without proper legal justification, a valid warrant or if they do not follow established procedures. If you are unlawfully arrested, then any detention is classed as ‘false imprisonment’ in the eyes of the law.

Key requirements for an arrest to be lawful:

For an arrest to be lawful, it must be legally justified and must meet specific criteria. This includes:

• Reasonable suspicion: Officers must have reasonable grounds to suspect the individual has committed, is committing or is about to commit a crime.
• Necessity to arrest: To lawfully arrest someone, the arrest must be deemed necessary and must pass the necessity to arrest test. Arrests are deemed necessary to prevent injury, prevent the destruction of evidence, prevent the loss of or damage to property, prevent an offence against public decency, or to protect a child or vulnerable person.

Both conditions must be satisfied for an arrest to be made lawfully without a warrant. Police also follow correct police procedure for arresting someone, which includes informing the person they are police and under arrest, the reasons for the arrest, explaining their right to silence and their legal rights, as well as upholding their rights while in police custody. If police do not follow the correct procedures laid out clearly in the Police and Criminal Evidence Act (PACE), even a lawful arrest could then become unlawful.

Can you claim compensation for wrongful arrest?

Yes. If you were wrongfully arrested, you can claim compensation. If the police cannot prove they had lawful grounds to detain you, you can make a claim for compensation. Compensation may cover distress, damages, loss of liberty, injuries suffered (both physical and psychological), and any financial losses incurred.

Every case is different, but you may have grounds to seek compensation if the police did not have the legal authority to arrest you or if your rights were breached during the process. Below are some examples of when an arrest could be wrongful or unlawful.

Arrested without lawful grounds

The police must have reasonable grounds to suspect that you were involved in a criminal offence before making an arrest. They must also believe that an arrest is necessary for one of the reasons set out in law, such as preventing harm, protecting evidence or ensuring a prompt and effective investigation.

If there were no reasonable grounds for suspecting you of an offence, or your arrest was not legally necessary, you may have grounds to pursue a wrongful arrest claim.

Mistaken identity

Police sometimes arrest the wrong person because of mistaken identity, inaccurate intelligence or incorrect information. While genuine mistakes can happen, they do not automatically excuse an unlawful arrest.

If officers arrested you when you were clearly not the person they were looking for or failed to carry out reasonable checks before making the arrest, you may be entitled to seek compensation for the impact the arrest had on you.

Excessive force during an arrest

Police officers are permitted to use reasonable force where it is necessary to carry out a lawful arrest or protect themselves or others. However, any force used must be proportionate to the circumstances.

If officers used more force than was reasonably necessary, causing unnecessary injury or distress, you may have a separate claim relating to excessive force, even if the arrest itself was lawful.

Unlawful detention

Your rights do not end once you have been arrested. If you were detained for longer than the law allows, denied important legal rights, or kept in custody without proper justification, you may have a claim for unlawful detention or false imprisonment.

Compensation may consider the loss of your liberty, as well as any emotional distress, financial losses or other harm caused by the unlawful detention.

Procedural failures

Police officers must follow strict legal procedures when exercising their powers. Failing to do so can sometimes affect whether an arrest or detention was lawful.

Examples of procedural failures may include failing to explain the grounds for your arrest, denying you access to legal advice where required, carrying out an unlawful search, or failing to conduct custody reviews in accordance with the relevant legal requirements.

While not every procedural error will result in a successful claim, significant failures may strengthen your case, particularly where they contributed to an unlawful arrest or detention.

A solicitor can help you determine if you can claim compensation

Whether you have a valid claim will depend on the specific facts of your case. A solicitor experienced in civil actions against the police can assess whether the officers acted lawfully, whether your rights were breached, and whether you may be entitled to compensation.

If you believe you were wrongfully arrested, unlawfully detained or subjected to police misconduct, seeking legal advice as soon as possible can help you understand your options and preserve important evidence.

How solicitors assess the value of a wrongful arrest claim

As we have mentioned, there is no standard set payout for wrongful arrest. Each case is different and assessed on its own facts, and the compensation you receive depends on the unique circumstances. When assessing the value of a claim, as solicitors, we look at a range of factors, including:

• Whether the arrest was lawful to start with: to start, we look at whether the police had legal authority to arrest you initially. If they did not have reasonable grounds to suspect you of an offence and the arrest did not meet the legal necessity test, this will form the basis of the compensation claim.
• Whether the police have followed procedure: that could be whether they have told you as soon as practicable the reason for the arrest, or whether they have reviewed your detention in accordance with the law.
• The length of time you were detained: This is important because how long you were deprived of your liberty will have a significant impact on the value of the claim.
• The impact on your health and wellbeing: a wrongful arrest can be very distressing. We consider whether the incident caused anxiety, embarrassment, emotional distress or physical injury. Where appropriate, solicitors will also obtain medical evidence.
• Financial losses: If the arrest caused you to miss work, lose earnings, incur travel expenses or face other financial costs, these will be taken into consideration during your claim too.
• Reputational damage: Getting arrested, especially if done so publicly, can affect your reputation both personally and professionally. Solicitors will consider whether the circumstances of the arrest caused reputational harm that should be reflected in your claim.
• Police conduct: The behaviour of officers involved is also an important consideration. If they used excessive force, damaged your property or did not uphold your rights or follow proper procedures, this could increase the value of your claim.

No two wrongful arrest claims are the same. An experienced solicitor will review the evidence, including custody records, body-worn camera footage, witness statements and any other relevant documentation, before advising on the strengths of your case and the factors that may influence the level of compensation.

At HNK Solicitors, we offer free consultations with clients to assess the details of their case. If you believe you were wrongfully arrested or unlawfully detained, we can advise you on whether you may have a claim and provide clear, practical guidance on the next steps. We can then gather evidence to support your claim, and handle the claim for you, fighting to ensure you get the maximum amount of compensation you’re entitled to.

Can you claim compensation if you were released with No Further Action?

Being released with No Further Action (NFA) can be a huge relief, but it does not automatically mean you are entitled to compensation for wrongful arrest. Equally, it does not prevent you from bringing a claim if the police acted unlawfully.

An NFA decision simply means that the police or the Crown Prosecution Service (CPS) have decided not to take the case any further. This may be because there was insufficient evidence, no realistic prospect of conviction, or it was not considered to be in the public interest to continue the prosecution.

Whether you can claim compensation depends on whether the arrest and any subsequent detention were lawful, rather than the outcome of the criminal investigation.

For more information about what No Further Action means and how it may affect you, read our guide to NFA meaning and how long it stays on your record.

Is there a time limit for making a wrongful arrest claim?

Yes, for wrongful arrests, the standard time limit for an arrest in England and Wales is six years from the date of your detention. However, this can vary depending on the specific grounds of your case.

For the best possible outcome, we advise bringing a claim as soon as possible after this incident. This is because sometimes police can erase evidence such as body-worn camera footage after 28-30 days, so the sooner you can bring your case, the more chance there is for your solicitor to be able to gather the necessary evidence more easily.

Solicitor commentary

“It is important to have your detention reviewed if you have been in Police custody. What may be a lawful arrest can turn unlawful if the Police have now followed procedure. As mentioned in this blog, you must be told as soon as practicable why you are under arrest. Sometimes this is not done, or this is changed when induvial get to a police station. Further we see commonly that individuals are not reviewed in custody correctly, whether that be not at all or by officers who are not qualified to do so. I would encourage anyone who is detained to have their custody record reviewed by a specialist solicitor”.

Demi Drury, Partner and Head of Civil Liberties

How HNK Solicitors can help

HNK Solicitors are experienced civil actions against the police solicitors and have helped many clients claim compensation for wrongful arrest. For example, we recently helped a 75-year-old man claim £107,000 for wrongful arrest at the hands of the British Transport Police, and another we helped claim £62,000 in damages and legal costs for wrongful arrest and false imprisonment, assault and battery.

We can help you understand if you have a claim and explain how much compensation you may be able to receive for your wrongful arrest. Our specialist solicitors will help you every step of the way, contacting the police on your behalf, gathering evidence and fighting to get the maximum possible compensation for the ordeal you suffered. We can even support you at trial if it comes to that.

Get in touch with our team today to arrange your free consultation and to find out if we can take on your wrongful arrest claim on a no-win, no-fee basis. Call 0151 668 0816, email enquiries@hnksolicitors.com or fill in our online claim enquiry form.

Frequently asked questions