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HNK Client Settles for over £7,000 in False Imprisonment and Assault Case Against Leicestershire Police

HNK Solicitors recently helped a client with a claim against Leicestershire police. Our client was awarded £7125 in damages and legal costs for false imprisonment and assault by police.

Misconduct by police is not acceptable. The police are here to protect us and uphold the law. As such, they have certain powers in order to undertake their job. They are governed by The Police and Criminal Evidence Act “PACE”, which outlines the powers they have and clearly sets out the rules officers should follow in order to lawfully conduct their job. Unfortunately, some officers abuse these powers and do not follow the rules, which leads to unfair treatment of individuals. This case is an example of that.

You should not accept mistreatment by police. It can be a very distressing experience and lead to negative consequences such as physical harm, loss of earnings, reputational damage and anxiety and stress. Therefore, you are entitled to claim compensation if you have been mistreated by police. Read this article to find out more about making an action against the police claim and how we can help clients get the compensation they deserve.

An image of two police officers wearing high visibility police jackets and black hats.

Background to the case

On 20th May 2023 at around 8.00pm, our client’s (C) father was involved in a road traffic collision near their home address. 

Defendant officers needed to breathalyse C’s father to rule out a certain line of enquiry.  

C was assisting Defendant officers with further enquires as his father was shocked and shaken and provided his own name and address if they required further assistance.  

C requested further information from the Defendant officers regarding the vehicle involved in the collision as it was of sentimental value to C. 

C returned to his mother’s address, when the Defendant’s officer attended. 

C closed the door to prevent their dog from escaping. The police officer involved alleged C ‘slammed’ the door on the officer causing an injury.

C was arrested on suspicion of assaulting an emergency worker. C was handcuffed to the front and escorted to Euston Road police station. 

Upon arrival at the police station, C was searched, provided his biometric data and later interviewed in custody.  

C was released around 8 hours later with no further action. 

The law 

The Assaults on Emergency Workers (Offences) Act 2018 came into force on 13 November 2018.  

Section 1 of the Act provides for the offence of common assault or battery committed against an emergency worker acting in the exercise of functions as such a worker.  

A person found guilty of this offence is liable to a term of imprisonment not exceeding twelve months, or to a fine, or both.  

Section 28 of the Police and Criminal Evidence Act 1984 provides that when a person is arrested, they must be informed that they are under arrest as soon as practicable after the arrest. 

The picture of a side of a police car with a strip of blue and white police tape running alongside it.

The claim  

In November 2023, C approached Higgs Newton Kenyon Solicitors (“HNK”) to act on his behalf for this matter. HNK accepted instructions on a no-win-no-fee basis and the case was handled by Rebecca Swetnam, Solicitor.  

HNK claimed damages for false arrest and imprisonment for the detention of C, trespass to the person and assault and battery for the touching on C.  

A letter of claim was served on the police force solicitors which set out C’s claim and requested a number of documents which we required to properly advise our client.  

The police force solicitors responded denying liability on the basis C was reasonably suspected of assaulting a police officer as C had slammed the front door on him, making contact with him and causing him fear of further violence. 

C’s arrest was deemed necessary for a prompt and effective investigation and to prevent further injury. 

Rebecca Swetnam reviewed the documents provided by the Defendant and put forward the following submissions: 

Section 28 Police and Criminal Evidence Act 1984 (PACE) breach  

  • The body camera footage shows C was initially approached and detained at around 20:40 hours. From the evidence available, C was not informed of the reason of his arrest until he arrived at custody at 21:38 hours.  Under Section 28 of PACE an individual needs to be advised they are under arrest and the reason for the arrest in a straightforward manner. The delay of 48 minutes, in advising C of the reason for his arrest is a breach of Section 28 of PACE and renders the arrest unlawful for this section of time.  

False arrest and imprisonment  

  • For an arrest to be lawful, the arresting officer must honestly and reasonably suspect C to have committed an offence and to be guilty of the offence, and honestly and reasonably believe C’s arrest was necessary. 
  • It was submitted to the Defendant that:
  • It was not reasonable to suggest that closing the door (so C’s parents’ dog did not escape) caused the Defendant officer to fear further violence. C’s position was supported by the Defendant’s officer’s entry in the enquiry log which suggests, ‘the offence is simply not made out as there seems to be no malice and he does not slam the door on the officer.’
  • C’s arrest as wholly unnecessary. As the arresting officer was already in receipt of C’s details, and as C has been calm and co-operative, he could have asked C to leave the property and dealt with the matter in slow time by way of a voluntary interview. There was no necessity for such drastic measures of being detained in police custody for almost 6 and half hours.
  • Based on the arresting officer’s conduct, specifically shouting back at C and their overall aggression, it cannot be seen that he was caused to fear further violence.  There was no evidence from the body worn footage provided to illustrate any force used or any intention to cause harm by C.
  • The arresting officer failed to give the grounds of the arrest for assault of an emergency worker, caution and why the arrest was necessary, despite it being a requirement pursuant to Code C of PACE.  

Excessive force  

  • Submissions were made regarding C’s interaction with Defendant’s officers. C was not aggressive throughout the interaction with the Defendant’s officers. Upon review of the outset of the body worn footage, C is calm and compliant. The aggressor in the circumstances was the arresting officer as he is seen shouting at C, and using excessive force by grabbing C’s arms, and pulling him off the sofa. The use of handcuffs were unnecessary and disproportionate.
A picture of a police officer in black uniform entering a house.

Outcome

Following the detailed submissions put forward by Rebecca Swetnam, the Defendant agreed to pay the Claimant (C) £7,125 in full and final settlement of his damages and legal costs.  

HNK Solicitors can assist you with your action against the police claim

Misconduct by police in not acceptable. Actions like the ones outlined in this case study are unlawful and highlight the abuse of power some officers demonstrate. It is the solicitors belief that as the Claimant was trying to assist a delicate situation and it seemed because he wanted further information from the police regarding the vehicle which required further time and effort, he then became the subject of an unlawful arrest.

If you have been a victim of police misconduct, get in touch with HNK Solicitors. We have a team of experienced actions against the police solicitors who can help you to get the compensation you deserve. We are leaders in the field of actions against the police and have helped thousands of clients obtain compensation from various police forces in all different types of cases.

Call our team on 0151 668 0809 or email the team at enquiries@hnksolicitors.com to arrange a free consultation to discuss the details of your claim. Alternatively, you can fill in our of our online claims forms and one of our team will be in touch.

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