What is false imprisonment?

The police play a vital role in our society. They are responsible for upholding the law, keeping us safe, and ensuring that anyone who engages in criminal acts is brought to justice. In order to perform this role, they are given extraordinary powers – including the power to deprive us of our liberty. They can make arrests, place people in custody, or stop them in the street to perform a search – under certain conditions, that is.

But if this power is not used appropriately, it can have life-altering consequences. If you are deprived of your freedom without legal justification, this is known as false imprisonment. And this isn’t just an infringement of your right to liberty – it can also lead to physical injury, financial losses, as well as ongoing anxiety and distress.

Thankfully, there are steps you can take if you’ve experienced false imprisonment at the hands of the police. That includes seeking compensation through a civil action against the police. Below we explain exactly what is false imprisonment and how you can seek compensation for it.

What is false imprisonment?

False imprisonment refers to any scenario in which you are detained or your freedom of movement is fully restricted without a lawful reason.

There are a number of situations in which a police officer can legitimately detain you – for instance, if you are subject to an arrest warrant or there is some immediate necessity to arrest you. Similarly, the police are empowered to perform a stop and search in some scenarios, and to achieve this they can temporarily deprive you of your freedom.

However, in each of these cases there are strict regulations governing how, when, and why you can have your freedom restricted. If these regulations are not properly met, then false imprisonment has occurred.

What are the different types of false imprisonment?

False imprisonment can take many different forms, and in some cases, it may be unclear whether you have experienced it or not. Some of the most common instances to watch out for are:

• Wrongful arrest. In order to be lawfully arrested, you must either be subject to an arrest warrant issued by a judge or magistrate or there must be some reasonable suspicion and necessity to arrest you. There are a number of reasons an arrest might be necessary – you can read about them in our blog post on the topic. If either of these conditions is not met, you may have been wrongfully arrested.
• Unlawful stop and search. Police officers have the power to stop and search you in certain circumstances. In order to do so, they must believe you are carrying either a weapon, illegal drugs, stolen property, or an item used to commit a crime. Officers can also stop and search someone who they reasonably suspect to be a terrorist under the Terrorism Act 2000, to discover whether they have anything in their possession which could be evidence they are a terrorist. Importantly, this belief must be based on some legitimate reason, and they must state it to you as part of the stop and search.
• Being detained too long. There are limits on how long you can be detained by the police in any given circumstance. For instance, if you are arrested and held in custody, there is a time limit after which you must either be charged or released. If these limits are not adhered to, you may be a victim of false imprisonment even if you were originally detained for a legitimate reason.

It is also worth stressing that imprisonment does not have to mean physical confinement or restraint. If a police officer leads you to believe that you are not free to leave, this may also constitute imprisonment even if they do not actively prevent you from doing so.

However, to count as false imprisonment, your restriction must be perceived as “total”. That is, you must be unable to (or believe you are unable to) leave at all. If you are simply prevented from going in a specific direction but are permitted to turn around and go a different way, this does not constitute imprisonment.

As you can see, false imprisonment can take many forms and may not be immediately recognisable as such. If you are unsure whether your experience with the police constituted false imprisonment, the best option is to consult a solicitor who has specialist knowledge of police misconduct.

What should I do if I’ve been falsely imprisoned?

False imprisonment can be a deeply distressing experience. Depending on the length and nature of your imprisonment, you may encounter a range of damaging consequences, from physical injuries to mental health issues and loss of earning. That’s why it’s essential to know that there are steps you can take to seek redress.

In the first instance, you can make a complaint to the police force responsible for your treatment. Police forces are required to take these complaints seriously and investigate them appropriately. If it is found that you were falsely imprisoned, you may receive an apology and the officer(s) responsible may face disciplinary action. It may also lead to the police force changing its policies and procedures to prevent this from happening again.

For more in-depth advice on the complaints process and how to get started, read our post “How do I make a complaint against the police?”

Unfortunately, whatever the outcome of your police complaint, you will not be entitled to any compensation. If you do wish to seek compensation, you’ll need to take an alternative route. Read on below to find out more.

How do I seek compensation for false imprisonment?

In order to seek compensation following any experience of police misconduct, including false imprisonment, you’ll need to pursue a civil action against the police. This involves taking the police force responsible for your mistreatment to court.

To do this, you’ll need the support of an experienced solicitor. They’ll be able to determine whether your treatment did in fact constitute false imprisonment. If it did, they can use their in-depth knowledge of the relevant regulations to make the strongest possible case on your behalf. They can also take over the challenging task of gathering the necessary evidence to support your claim such as witness statements, incident reports or even CCTV footage.

Finally, they’ll also be able to ensure that you are awarded the full amount of compensation you are entitled to. If you were falsely imprisoned, you may also be able to claim compensation for other aspects of your treatment by the police. For instance, if force was used during an arrest but this arrest is found to be unlawful, then the force used will likely be considered excessive.

Ultimately, working with a knowledgeable actions against the police solicitor is the best way to ensure you get the outcome you truly deserve following such a devastating incident.

HNK Solicitors can support your false imprisonment claim

If you have been a victim of false imprisonment, it’s essential that you seriously consider ways to seek redress. Being unlawfully deprived of your liberty can have a significant long-term impact on your life, and finding ways to move past this is tremendously important.

If you think you may be entitled to compensation due to false imprisonment, HNK Solicitors are here to help. Our team of highly experienced and knowledgeable actions against the police solicitors have helped many clients to secure the compensation they deserve following police misconduct. By providing deep familiarity with the relevant regulations alongside a sensitive and understanding service, they can help you get the best possible outcome. Our team offers free consultations in which they will discuss your case and advise you on whether you may be entitled to compensation – all with no obligation to make a claim. To get started, call us today on 0151 668 0809, or email us at enquiries@hnksolicitors.com.