Examples of unlawful arrest

Police officers can only arrest someone under specific circumstances. This includes if they are wanted on a warrant or if the officer(s) have “reasonable suspicion” that someone has been involved in a criminal offence, and may be about to commit a crime. The officer would also have to show they had a genuine and reasonable belief that the arrest was necessary.

If the police do not abide by the set regulations when arresting an individual, this can be classed as an unlawful arrest. Unlawful arrest can be a distressing situation for those who experience it, and you may well be left feeling anxious, upset and angry. There are measures you can take to seek recourse in this situation, such as making a civil claim against the police for unlawful arrest.

In this article, we are going to explain what unlawful arrest is, explain your rights when you are arrested, provide examples of unlawful arrest and then outline how you can make a claim for unlawful arrest. We are specialist action against police solicitors who can help you obtain compensation for your unlawful arrest or any other kind of police misconduct. You do not have to accept poor police behaviour, it is your right to claim compensation if you have suffered unlawful behaviour from police officers.

What is an unlawful arrest?

Unlawful arrest occurs when a police officer shouldn’t have suspected a person, meaning they did not have reasonable grounds to suspect a person, or when enquiries could have been made without the need to detain a person.

The Police and Criminal Evidence Act 1984 (PACE), states that officers can only arrest an individual if they have a warrant or if they have “honest and reasonable grounds” that the person is involved in or suspected of carrying out a potential crime, or they reasonably believe they are about to carry out a crime or act of violence. The officer would also need to show they had honest and reasonable grounds that the arrest is necessary.

Your rights when arrested

If you are arrested, you must be told by the police why you have been detained as soon as practicable, otherwise the time you are detained until you are told why, can be deemed unlawful. Under the Police and Criminal Evidence Act (1984), when you are arrested, it is good practice for the police to:

• Identify themselves as police
• Tell you that you are under arrest
• Inform you of what crime you are being arrested for
• Explain the reasons it is necessary to arrest you
• Explain that you cannot leave

Human Rights law states that whenever someone is placed under arrest, they have the right to:

• Not be subject to inhuman treatment
• Be treated with respect
• Speak to the custody officer who is responsible for looking after their welfare
• See written codes that govern their rights and how they are to be treated
• Notify someone of their arrest – but they may not be able to make the phone call themselves
• Seek legal advice and speak to a solicitor in private
• Seek medical help if they are ill
• Have help with communication, for example, if they are deaf or have auditory issues, or ask for an interpreter if they don’t speak English

If these requests are refused, this must written down on your custody record.

Examples of unlawful arrest

There are many examples of unlawful arrest where you can claim compensation. Below we have detailed some of the most common examples of unlawful arrest that we often see police committing.

• Incorrect identity: Sometimes police can arrest the wrong person by accident in a case of mistaken identity. This can be based on the person having the wrong information or being identified incorrectly by someone.
• Discrimination: There are instances where police have arrested an individual based on discriminatory reasons or personal vendetta, which is unlawful. If an officer arrests you based on the fact you are a certain ethnicity and has no other reason to believe you have committed a crime or are about the commit a crime, or reasonable grounds for the arrest, then this can be an example of unlawful arrest.
• Lack of reasonable suspicion: As previously discussed, under PACE, an officer must have reasonable grounds for an arrest, if there are no reasonable grounds for them to conduct an arrest then it could be an example of unlawful arrest.
• Incorrect procedure: If the police do not follow the correct procedure as laid out in the Police and Criminal Evidence Act 1984 (PACE), then this could be an example of unlawful arrest. This includes not advising the person why they are under arrest, arresting someone without reasonable grounds or a valid arrest warrant, or holding someone in custody without explanation.
• False warrant: In some instances, police could obtain an arrest warrant with false or misleading information. This could be done deliberately or by accident, in which case, this is classed as negligence or malicious procurement of a search warrant Whether a deliberate misinformation or a simple mistake, any arrest made under this warrant could be an example of unlawful arrest.

If any of the above has ever happened to you, you may have been arrested unlawfully, in which case you could be entitled to claim compensation.

How to make a claim for unlawful arrest

Bringing a claim for unlawful arrest hinges on two main factors:

• Whether or not the officer should have suspected the person may have been involved in a criminal offence or was about to commit an offence
• Whether or not the arrest was necessary

If enquiries could have taken place without the need to arrest the individual, then an unlawful or wrongful arrest may have occurred. The officer’s belief at the time of the arrest can also be scrutinised after the event, especially if it seems the arrest was unreasonable.

What can I claim for if I am the victim of unlawful arrest?

If you have been the victim of an unlawful arrest, you may be entitled to claim compensation. If your arrest was unlawful, you may also be allowed to sue for the following:

False imprisonment: if your arrest is unlawful, any amount of time spent detained could be classified as false imprisonment, so you can also claim compensation for this.

Assault: If you were handcuffed or the police used any unreasonable force during the arrest, you could also claim compensation for assault.

Why seek compensation for unlawful arrest

When you are arrested unlawfully, this can come with several negative repercussions for a person. This includes psychological damage such as stress, anxiety or depression, physical injuries if you were assaulted during the arrest, reputational damage or monetary losses if you missed work or lost your job as a result of the unlawful arrest.

Making an action against the police claim can go a long way in helping to compensate you for the ordeal you have suffered, allowing you to move past the incident. It is your right to claim compensation if you have suffered police mistreatment, such as unlawful arrest. The best way to get the compensation you deserve is to instruct a specialist action against the police solicitor.

HNK Solicitors can help with your unlawful arrest claim

HNK Solicitors have a team of dedicated action against the police solicitors, who have helped thousands of clients claim compensation for mistreatment by the police. We have helped several clients to successfully claim compensation for unlawful arrests, such as one recent client, a 75-year-old man, who we obtained over £107,000 in a claim against the British Transport Police.

Our team have many years of experience supporting clients in action against the police claims. We can successfully navigate the law and fight on your behalf to ensure you get the compensation you deserve, making sure you get every penny you are entitled to. We can take on claims on a no-win, no-fee basis and offer free consultations to discuss the details of your claim.

Get in touch with our team today to discuss your case, call us on 0151 271 5387 or email our team at enquiries@hnksolicitors.com. Alternatively, you can fill in our online claim form to get started with the claims process today and a member of our team will be in touch to discuss with you further.