Malicious prosecution
If you have been prosecuted for a crime you did not commit, this will have been an extremely upsetting experience. The consequences for your life will have been extensive – it may have impacted your work, your relationships, and your health.
But all this will have been made substantially more distressing if you were prosecuted through deliberate malice on the part of the police. Thankfully, if you have been a victim of malicious prosecution, there are steps you can take to seek redress – and that includes pursuing compensation through a civil action against the police.
Here at HNK Solicitors, we have helped many clients to secure the compensation they deserve following malicious prosecution. Our team of experts are committed to securing the best possible outcome for those affected by police misconduct, and we offer free consultations to help you understand our process.
Read on below to find out more about malicious prosecution and the steps you can take it you’ve been affected.
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
What is malicious prosecution?
Malicious prosecution refers to instances where you have not only been prosecuted for a crime you did not commit, but in which this prosecution was pursued in bad faith by the police.
With this in mind, it’s important to understand that malicious prosecution differs from wrongful arrest and unlawful detention (though these may occur simultaneously). While the latter are certainly distressing experiences – and either of them may entitle you to purse compensation through a civil action against the police – they can be based on a mistake or oversight by the police.
To successfully claim for malicious prosecution, on the other hand, there must be evidence that there was a deliberate intention to pursue a prosecution for which there was no justification. This could involve:
- Fabrication of evidence
- Bias by police investigators
- False testimony by officers
- Deliberate failure to conduct a full investigation
In any of these cases, there will be a strong argument to claim that the prosecution was carried out in bad faith.
Can I make a malicious prosecution claim?
In order to make a malicious prosecution claim, you will need to meet a few key criteria. You will need to have:
- Been acquitted of the offence or for the charges to have been dropped during proceedings.
- Evidence that the charges were brought not through a simple mistake or through negligence on the part of officers, but through deliberate malice.
- Suffered some damage as a result of the prosecution – for instance, legal costs, loss of earnings, reputational damage or emotional distress.
If these three apply to you, then you may well be entitled to pursue a malicious prosecution compensation claim.
However, if you are unsure about one or more of these criteria, it is worth discussing the matter with an experienced solicitor. They will be able to discuss your case and clarify any uncertainties you might have.
Why seek compensation for malicious prosecution?
The prospect of pursuing a compensation claim for malicious prosecution may seem like a major step, especially if you are continuing to suffer the after affects of the experience.
Nevertheless, it’s important to take the option seriously. Seeking compensation can be a significant step toward moving on from such a distressing incident. It can help you to:
- Cover medical expenses. You may have found that the aftermath of your experiences left you needing support for physical or mental health issues, which compensation can help you to tackle in the most effective way.
- Make up for lost income. Malicious prosecution may have led to you losing your job or taking time off work, as well as potentially costing you paid opportunities in other areas. Compensation can help offset these losses.
- Acknowledge your suffering. It’s important to remember that by receiving your compensation, you are also receiving an acknowledgement that serious mistakes were made, which can significantly help as you move on with your life.
As you can see, there are potentially life-changing benefits of seeking compensation for malicious prosecution. And with the support of experienced solicitors, the process itself can be straightforward and stress-free.
How to make a malicious prosecution claim
In order to claim compensation for malicious prosecution, you’ll need to take the police force responsible to court. This is called a civil action against the police.
In order to do this, you’ll require the support of an experienced actions against the police solicitor. They will be able to take charge of the whole process on your behalf, including helping to gather the evidence needed to support your claim and presenting the case in the most compelling way.
A solicitor with experience with this type of claim will also have a better understanding of what you’re going through. That means they will be able to provide tailored and sensitive support throughout the whole claims process
HNK Solicitors are your malicious prosecution claims specialists
If you have been a victim of malicious prosecution, this will no doubt have had a serious and ongoing impact on your life. That’s why it’s essential you consider pursuing a malicious prosecution claim. By receiving compensation, you’ll be better placed to pursue your recovery and move on from this devastating incident.
Here at HNK Solicitors, we have extensive experience in supporting malicious prosecution claims. As specialist actions against the police solicitors, we’ve helped many clients to secure the compensation they deserve following police misconduct, allowing them to rebuild their lives and look forward to a brighter future.
If you are considering a malicious compensation claim, our team of experts provide free consultations. You’ll be able to benefit from their in-depth knowledge of the relevant legislation, with no obligation to pursue a claim. If we think you are entitled to compensation, we can offer to take up your claim on a no-win, no-fee basis.
Get in touch today on 0151 668 0809, or email us at enquiries@hnksolicitors.com to book your free consultation.
Free Consultation
Contact us today to arrange a free no-obligation discussion about your malicious prosecution 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 malicious prosecution claim.
Get the outcome you desire
Our expert lawyers will fight the malicious prosecution on your behalf, to get the outcome you desire.
FAQ
Malicious prosecution involves more than simply being prosecuted for a crime you did not commit. It also requires this prosecution to have been pursued in bad faith by the relevant authorities, and for you to have suffered damage as a result.
While proving that you suffered damage as a result of the prosecution is likely to be quite straightforward, it can be difficult to prove that malice was involved in the decision to charge you with a crime. You will need to gather evidence of deliberate wrongdoing on the part of the police. This may include CCTV footage, witness statements and documents related to the police investigation.
This is why it is vital to work with an experienced solicitor when pursuing a malicious prosecution claim. They will be able to help you with requesting the necessary evidence for proving your case, giving you the best possible chance of success.
If you feel you have been maliciously prosecuted, it is important that you seek legal advice as soon as possible. Malicious prosecution is a serious matter, and can have a significant and long-lasting impact on your life.
With expert legal support, however, you may be able to seek compensation through a malicious prosecution claim. This will be an extremely important step toward recovering from the damage that malicious prosecution can cause.
You have six years to make a malicious prosecution claim from the date at which you received a favourable outcome on your case – i.e., you were acquitted or the charges were dropped. However, given the challenges of proving malicious prosecution, the sooner you can start the claims process, the better. As time passes, it may become more difficult to gather the necessary evidence.
Malicious prosecution claims are extremely varied, and the compensation you receive will depend on various factors. This includes the damage done to you as a result of the prosecution – including any lost earnings or medical costs – and the length of time it takes to secure an outcome. For a more general overview of compensation for actions against the police, read our police compensation payouts guide.
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