False Imprisonment Claims

What is false imprisonment?

When a police officer makes an arrest, the arrest can potentially become false imprisonment. False imprisonment can result from a wrongful arrest. A wrongful arrest can arise when a police officer fails to adhere to The Police and Criminal Evidence Act “PACE”, which sets out guidelines surrounding police powers.

According to the law, an arrest can be made if there is a “reasonable grounds to suspect” that a person is involved in or suspected of committing a crime. If the arresting officer does not have grounds to suspect then any detention can be considered false imprisonment.

Even if an arrest was initially lawful, it can become unlawful and result in false imprisonment if the circumstances change. These circumstances include if there is no longer a valid reason for keeping you under arrest, if you aren’t charged with an offence (even if there is enough evidence to do so), or if the police don’t follow PACE throughout the entire process.

If you are mistakenly identified and detained because of a warrant, this also amounts to unlawful arrest.

False imprisonment does not have to be physical; it may also be psychological. If you have been led to believe that you must remain with the police or risk consequences, this is also considered false imprisonment.

If you are the victim of an unlawful arrest, any time spent detained by the police is classed as false imprisonment.

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 Solicitors Secure a Client Over £13,000 in a Case Against The Metropolitan Police for Unlawfully Retaining a Client’s Data

What are my rights when imprisoned?

As previously mentioned, ‘PACE’ (The Police and Criminal Evidence Act) outlines appropriate police conduct and ensures a balance between individual rights and police powers. It is the responsibility of the police to comply with PACE and not infringe upon a person’s rights, which are protected under the Human Rights Act 1998.

Article 5 of the Human Rights Act details the right to liberty and safety when arrested by the police:

Everyone has the right to be promptly informed and understand the reason for arrest.
Everyone has the right to access written codes outlining their rights and how they are treated.
Everyone has the right to speak to the custody officer responsible for their welfare.
Everyone has the right to legal advice and consult with a solicitor in private.
Everyone who is the victim of an unlawful arrest has the right to compensation.

Can I make a claim for false imprisonment?

If you are wrongfully arrested, detained or feel you are physically unable to leave a place, you can make a claim against the police. False imprisonment includes being handcuffed, locked in a police cell, or even detained on the streets or in your home.

If you are a victim of false imprisonment, you may be entitled to compensation.

False imprisonment claims specialists

If you have been a victim of unlawful police conduct, it can have a significant impact on your life.

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. We want to help you move past this stressful time, so we offer free consultations and operate on a no-win, no-fee basis, meaning you don’t have to pay anything upfront to keep this as stress-free a process as possible.

Why seek false imprisonment compensation?

False imprisonment can cause undue stress and anguish to you and your family. After a false imprisonment, you could suffer from physical injury from any detaining measures and psychological impacts.

Even though compensation does not eradicate what happened, it can help you and your family move on from the incident, and we are here to support you every step of the way.

How to make a false imprisonment claim

A successful claim only requires proof that you were detained unlawfully. The procedure and evidence needed to prove you were detained can be difficult to obtain and understand, therefore, we recommend a solicitor to claim on your behalf.

Our specialist team of action against the police solicitors will assess the viability of your false imprisonment 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 start your false imprisonment 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

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 false imprisonment claim.

Get The Outcome You Desire

Our expert lawyers will fight the false imprisonment on your behalf, to get the outcome you desire.

FAQ

Police powers of arrest should only be used as a last resort. As detailed under PACE, the police must have a lawful reason to arrest in the first place, and they must follow a set procedure.

When making an arrest, the arresting officer must identify themselves, tell the individual of the crime they are suspected of having committed, and explain why it is necessary to make an arrest.

If some of these steps are not followed, it may be an unlawful arrest, and any detaining measures can be considered false imprisonment.

If you are falsely imprisoned, it is important to know your rights. Make sure you know the names of the officers, have access to procedures detailing your rights, such as toilet access, and speak to the custody officer in charge of welfare.

You also have the right to speak to a legal advisor whilst in custody, which we strongly advise you to do.

You can also make a complaint to the relevant police force after you have suffered false imprisonment or any other misconduct by the police. While this can be a way to express your annoyance and potentially receive an apology, you cannot get compensation when making a police claim.

If you believe you have suffered false imprisonment, get in touch with HNK Solicitors today to see if you can pursue a false imprisonment claim for compensation.

In a claim for false imprisonment, there needs to be proof that you were unlawfully detained. Similar to wrongful arrests, the burden of proof lies on the police to prove that the force was, in fact, lawful.

False imprisonment does not have to be physical; it may also be psychological. If you have been led to believe that you must remain with the police or risk consequences, this is also considered false imprisonment.

To make a claim for false imprisonment, get in touch with our team for a free consultation, we will discuss the details of your case and walk you through the next steps, if you choose to continue with your claim. We can take on claims on a no-win, no-fee basis, so there is no upfront cost to start your claim.

Next, we will send a letter of claim to the relevant police force detailing your claim and why they are at fault. Then, we will gather evidence to support your claim and communicate with the police force on your behalf, negotiating to get the outcome you desire. If needed, we will also represent you in court.

While you can report the police misconduct directly to the police force yourself, this could only trigger disciplinary action against the offending officer(s) and would not result in compensation. To make a claim, we advise using a trained professional who can provide you with legal advice and take any actions on your behalf, as the police claim procedure can be complicated, and police claims are often highly contested.

Similar to unlawful arrests, false imprisonment claims can be made up to 6 years after the incident. Any claims for personal injury, however, are limited to three years.

While you can report the police misconduct directly to the police force yourself and make a police complaint, this, in itself, won’t result in you receiving any compensation and will only be able to trigger disciplinary action against the offending officer.

As claims against the police are challenging to navigate and often highly contested, it is advised you consult a trained professional who can provide you with legal advice and successfully navigate the laws and regulations in place when suing the police.

Let us know what you’re looking for and we will get back to you as soon as we can.

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Higgs Newton Kenyon Solicitors

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12:43 26 Apr 24

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100% recommended, I was kept in the loop from the start and the team answered any questions I had.We had a fast resolution and should I be unfortunate enough to need solicitors in the future I won't hesitate calling HNK

Drew Bell

11:45 04 Mar 24

Vivien was brilliant, I won my claim for damages received settling at 5k for a false arrest. She kept me in the loop and followed any instructions I gave her but at the same time she made sure I was informed enough to make certain decisions. Over all would highly recommend and definitely use these guys again if needed.

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10:05 15 Feb 24

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Exceptional Advocacy by HNK SolicitorsI am thrilled to share my outstanding experience with HNK Solicitors, who played an instrumental role in bringing action against the police on my behalf. From the outset, their professionalism and dedication were evident. HNK's expertise and strategic approach ensured a positive outcome, instilling confidence in me throughout the process. Their clear communication and genuine concern for my well-being set them apart. I highly recommend HNK Solicitors to anyone seeking expert legal representation. Thank you, HNK, for your exceptional support in securing justice.

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I want to say that the experience I had with this solicitors has been very positive. As through no fault of theirs this case took alot of time.I was impressed with the end results.

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14:05 16 Sep 23

I took legal action against the police who had falsified evidence against me. I have no criminal record or history of wrong doing. Unlawful arrest, Imprisonment and use of force. With help from this legal firm I was awarded £££££££ in damages. Very Professional and they assured, and informed me throughout the full process.

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