Police assault and battery claims
If a police officer uses excessive or unnecessary force during an arrest or restraint, this can be classed as assault and battery. Police have a duty of care to those they arrest or restrain; they must ensure that all their actions are necessary, reasonable, and proportionate.
An assault is when an action causes a person fear for their safety, and physical contact is not needed for an action to be considered an assault. It is also a blanket term for both assault and battery. If physical contact is made, this can be considered a battery.
If an officer uses any equipment, such as tasers, tear gas, batons, or firearms during an arrest or restraint, the use of force will be evaluated to determine if it was excessive.
Additionally, if an officer makes an unlawful arrest, any restraint or force can be an assault and battery
Can I make a claim if I have suffered assault and battery by police?
If you have experienced excessive force by the police, you may be able to claim for assault or battery. Any actions displayed by an officer that were unreasonable and disproportionate can amount to an assault.
If you suffered from disproportionate physical contact, this could be a police battery. Disproportionate force includes being struck with hands, a baton, or another object, being aggressively manhandled, sprayed with CS gas, or tasered.
If you were unlawfully arrested, then any force used can be considered an assault and battery. If this is the case, you can claim wrongful arrest, which covers police assault.
How do I claim?
Step 1
Get in contact by using one of our contact forms throughout the site.
Step 2
We will arrange a free consultation with you to discuss your claim.
Step 3
If you have a valid claim, we will accept your case on a No Win No Fee basis.
Step 4
HNK Client Settles for over £7,000 in False Imprisonment and Assault Case Against Leicestershire Police

The law surrounding assault and battery by police
The ‘PACE’ (The Police and Criminal Evidence Act) governs police behaviour while protecting individual rights protected under the Human Rights Act 1998.
Section 117 PACE
Section 3 Criminal Law Act
Included in the act are a person’s right to:
- Be treated humanely under Article 3.
- Personal liberty under Article 5 (personal liberty only applies to cases of wrongful arrest)
Article 3 can be used in police assault and battery cases if there is serious physical or mental abuse, use of excessive force, inhumane conditions (i.e. in police cells), or severe neglect.
An officer may treat you with unreasonable force due to discrimination and prejudice. Under the Equality Act 2010, you are protected for gender, race, religion, sexual orientation, disability, age, and gender reassignment.
Police assault and battery claims specialists
An assault is extremely traumatic, especially when the perpetrator weaponizes their powers meant to protect you to cause harm.
At HNK Solicitors, we have a team of experienced solicitors who specialise in action against the police. We can help you receive the compensation you deserve which can help you to move on from the incident. To ensure as stress-free a process as possible, we offer free consultations and operate on a no-win, no-fee basis, meaning you don’t have to pay anything upfront to start your claim.
Why seek compensation for a police assault and battery?
Assault can be both mentally and physically damaging, and it is entirely unacceptable. No matter the circumstances, police assault and battery are against the law and a violation.
Making a claim can help you regain control over the situation and bring justice to the offending officer.
Even though compensation cannot change what has happened, it can help you and others affected move on from the incident. We are here to support you every step of the way.
How to make a claim for assault and battery by police
If you have experienced an assault or battery from an officer, you may have a claim against the police for assault and battery/trespass to the person. . In these claims, the defendant (the police or anyone with police-like powers) may be liable for any damage caused by their actions.
Our specialist team of action against the police solicitors will assess the viability of your claim and provide legal assistance on your behalf. By consulting our specialist team, you increase the likelihood of receiving compensation.
If you’d like to make a police assault and battery claim today, simply fill out our online form. If you prefer, you can get in touch with the team on 0151 668 0810 or send us an email at enquiries@hnksolicitors.com.
Free Consultation
Contact us today to arrange a free no-obligation discussion about your police assault and battery claim.
No-Win-No-Fee
We can accept instruction on a no-win, no-fee basis, so it won’t cost you a penny upfront to start your police assault and battery claim.
Get The Outcome You Desire
Our expert lawyers will fight the police assault and battery on your behalf, to get the outcome you desire.
FAQ
If you can prove you have suffered a police assault, you can claim different damages. Basic damages are the most common in police misconduct claims and are to compensate for any actual loss or injury you have suffered. General damages are compensation for any physical or mental injury sustained from the assault, which has caused pain, suffering, and loss of amenity. Special damages are financial compensation for loss of earnings, medical expenses, and travel expenses to attend medical appointments and court hearings. In extreme police assault or misconduct cases, you may be entitled to aggravated damages, which is when the police have deliberately caused injury to feelings through insulting behaviour or language, humiliation, and degradation. These claims are, however, separate from Human Rights Act claims.
No matter the circumstances, you can speak with a legal advisor while in custody. We strongly advise you to do so, especially if you have experienced excessive force from the police, as it may help you while in custody.
While you can report the police misconduct directly to the police force yourself, this could only trigger disciplinary action against the offending officer and would not result in compensation. As police claim procedures can be complex, we recommend seeking the legal assistance of a solicitor who can give you advice and make any necessary actions on your behalf.
In the UK, if you are assaulted by the police, you are able to make a claim 3 years from the date of the assault.
For a police assault or battery, you can receive up to £500,000 in compensation. You can also claim an additional sum for loss of earnings if you sustained any injuries that meant you could not work.
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