Can I claim compensation for wrongful imprisonment?

Police officers play a vital role in keeping us safe and ensuring that the law is followed. In order to fulfil this role, they are granted powers that ordinary people do not have – and this includes the power to detain people.

There are a number of ways in which the police are able to deprive people of their liberty, including by placing them under arrest or performing a stop and search. However, each of these instances are governed by extensive regulations. These regulations are designed to ensure that the police use their powers appropriately and only detain people in circumstances where it is necessary to do so.

Unfortunately, in some cases the police fail to adhere to these regulations. This is referred to as wrongful imprisonment, in which the victim is detained without lawful justification or in ways that are not legally permitted.

Wrongful imprisonment is a deeply distressing experience for those affected, and can have a range of painful consequences, including physical and mental health issues and financial losses. However, those affected do have some ways to seek redress – and that includes claiming compensation.

In this post, we’ll explain what wrongful imprisonment is and how those affected can seek compensation through a civil action against the police.

A picture of a man wearing dark clothing with handcuffed hands behind his back, in the background is a prison cell.

What is wrongful imprisonment?

Wrongful imprisonment refers to any circumstance in which the police deprive you of your liberty in a way that does not meet the legal standards.

As there are a number of circumstances in which you can be detained by the police, as well as various regulations coving these circumstances, incidents of wrongful imprisonment won’t always look alike.

Some key examples to be aware of include:

Unlawful stop and search. The police do have the power to perform a stop and search. However, in order to do so they must have reasonable grounds that you are carrying controlled drugs, stolen property, a weapon or something that can be used to commit a crime. They must state why they are searching you and what they expect to find. If they fail to do so, or if they do not have a reasonable suspicion – for instance, if they are stopping you because of your ethnicity – this may constitute wrongful imprisonment.
Wrongful arrest. In order to arrest you, the police must have a warrant or they must have reasonable grounds to suspect you of an offence and there must be the necessity to arrest – for instance, to prevent a crime taking place. If you are arrested without a warrant and the arrest cannot be justified as necessary for one of the specified legal reasons, then this may be wrongful arrest.
Detaining you too long. If you are arrested and taken into custody, there are limits on how long you can be detained – generally, you can only be detained for 24 hours without being charged. Any exceptions to this require specific justification. Importantly, your detention should be reviewed on a regular basis to ensure it is still necessary – the police cannot simply keep you up to the 24 hour limit if they can no longer justify having you in custody. If they do detain you longer than necessary, an arrest that was initially lawful may stop being so.
Leading you to believe you aren’t free to leave. Detention does not need to involve physical restraint or explicit instructions. If a police officer leads you to believe you cannot leave, then this counts as detaining you even if they do not specifically state this. If they have no reason to detain you but suggest you cannot leave, this may be wrongful imprisonment.

As you can see, there are a number of different ways in which wrongful imprisonment can take place. If you have been detained by the police and have any concerns about what happened – for instance, how long you were held or the reasons you were given for it – it’s important that you consult an experienced solicitor. They will be able to advise you on whether they think you may have experienced wrongful imprisonment.

It’s also important to be aware that if your detention is not legal, then this may mean that other aspects of your treatment were not lawful either. For instance, if force is used to arrest you but this arrest is found to be wrongful, then the use of force may also constitute excessive force or police assault.

A picture of a police light lit up on top of a police car.

Can I make a wrongful imprisonment claim?

If you have been mistreated by the police – including if you have experienced wrongful imprisonment – you have the right to seek compensation. This can be an extremely important step in helping you to recover and move on from what can be a deeply traumatic experience.

In order to seek compensation following wrongful imprisonment – or any other form of police misconduct – you will need to pursue a civil action against the police. This means you will need to take the police force responsible for your treatment to court.

You can pursue a claim for up to 6 years after the incident. However, doing so sooner rather than later will make it easier to gather the necessary evidence. You can also make a claim on behalf of someone who is under the age of 18 or lacks the mental capacity to pursue the claims process themselves.

It is essential that, if you are considering pursuing compensation for wrongful imprisonment, you seek the support of a solicitor with extensive experience of pursuing civil actions against the police. They will be able to present your case in the strongest possible way thanks to their in-depth knowledge of the relevant regulations, while also offering tailored support based on an understanding of the challenges you are going through.

How much compensation can I get for wrongful imprisonment?

The compensation you could be entitled to as a victim of wrongful imprisonment will depend on a number of factors. A key factor will be how long you were imprisoned for – you will likely be entitled to more compensation if you were detained for a longer period.

It will also be impacted by any other forms of police misconduct you may have experienced during your imprisonment. For instance, if excessive force was used to detain you or if you experienced some form of discrimination, this will also likely affect the amount of compensation you are entitled to.

In order to learn more about how much compensation you could receive through an action against the police, read our police compensation payouts guide.

A picture of a police officer handcuffing someone's hands who is wearing a black coat and gloves.

HNK Solicitors can support your wrongful imprisonment claim

Wrongful imprisonment can have an enormous impact on your life. You may experience physical injuries that require ongoing medical treatment. You may suffer with ongoing mental distress or anxiety following the experience. It may result in you being unable to work, leading to financial losses, as well as reputational damage.

Given the range of damaging consequences you might experience, it’s essential that victims of wrongful imprisonment consider seeking compensation through a civil action against the police. And in order to do that, it’s vital that they work with experienced solicitors who can provide tailored support and a detailed knowledge of the relevant legal statutes.

Which is exactly what we offer here at HNK Solicitors. Our expert action against the police solicitors have helped many clients to secure compensation following experienced of police misconduct – take a look at our case studies page to see some of our recent success stories.

Our team offers free consultations to help advise you on whether you may be entitled to seek compensation, with no obligation to pursue a claim. If we do think you have a case, we can offer to take it up on a no-win, no-fee basis. To arrange your consultation, call us on 0151 668 0809, or email us at enquiries@hnksolicitors.com.