Police trespass to the person claims
In order to enforce the law, police officers are granted powers the ordinary citizens do not have. This includes the power to deprive people of their liberty in some circumstances – for instance, by placing them under arrest or conducting a stop and search. They are also permitted to use force in order to achieve certain aims.
However, these powers cannot be used freely. There are strict regulations that govern when and how police officers are allowed to detain people or to use force. If these regulations are not adhered to, then the police may be behaving unlawfully and committing what is known as trespass to the person. The impact of police trespass to the person can be severe and long-lasting, so it’s vital that those affected understand their rights – including the right to seek compensation through a civil action against the police.
Read on below to learn more about police trespass to the person, how to recognise it, and how you can make a claim if you’ve been affected.
What is trespass to the person?
Trespass to the person refers to various situations in which your liberty or your physical integrity is infringed upon. In general terms, this refers to situations in which you have either been deprived of your freedom or you have experienced (or been led to believe you will experience) physical harm.
Civil law refers to three different types of trespass to the person:
- Assault refers to situations where you are made to fear physical injury – for instance, if someone brandishes a weapon at you or verbally threatens you. For assault to occur, you must have a reasonable apprehension that you are at immediate risk of being harmed.
- Battery refers to situations where physical contact does actually take place This covers both direct physical contact – for instance, being pushed during an argument – and if you are struck by a thrown object.
- False imprisonment refers to any situation in which you are deprived of your liberty without legal justification, either through being physically restrained or being led to believe you are not free to leave.
While trespass to the person is inevitably a distressing experience, experiencing it at the hands of a police officer can compound the issue, as it is also a breach of the trust we place in the police to keep us safe. Let’s look in more detail how to recognise police trespass to the person.
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
Examples of police trespass to the person
It’s important to note that not every case in which a police officer detains someone or makes physical contact will constitute trespass to the person. As mentioned above, the police do have a right to detain you in some instances, and are also permitted to use force in specific circumstances.
However, in some cases the police go beyond the limitations set upon them. This may result in police trespass to the person. Some specific examples you should be aware of include:
- Unlawful stop and search. The police have the right to perform a stop and search if they have “reasonable grounds” to suspect you are carrying illegal drugs, stolen property, a weapon, or something that could be used to commit a crime. If they stop and search you without reasonable grounds – for instance, if they stop you for discriminatory reasons – this may constitute trespass to the person.
- Excessive force. The police are allowed to use a reasonable amount of force in specific circumstances – to make a lawful arrest, for instance. They must attempt to use non-violent means if possible, and only use such force as is proportionate to the situation. If they use more force than is justified, or if there is no necessity for them to use force, this may constitute police assault, which is a form of trespass to the person.
- Wrongful arrest. For the police to lawfully arrest someone, they must either have a warrant or there must be some reasonable suspicion and necessity to make the arrest – for instance, to prevent a crime being committed. If you are arrested without a warrant and without a legal justification, this will constitute wrongful arrest and therefore any detention following from this will be false imprisonment. Further, any force used to perform the arrest may therefore be considered excessive force.
In each of these cases, the police have deprived you of your liberty or physically harmed you in ways that are not legally justified. That means they have committed police trespass to the person – and the consequences for those affected can be severe. Thankfully, however, there are steps you can take to seek redress, including making a police trespass to the person claim.
How to make a police trespass to the person claim
If you have been a victim of police trespass to the person and are intending to seek compensation, you’ll need to pursue a civil action against the police. This involves taking the police force responsible for your treatment to court.
In order to do this, it’s vital that you work with a solicitor who has extensive experience in pursuing actions against the police. They will be able to provide tailored advice based on an in-depth understanding of the relevant regulations, as well as presenting your case in the strongest possible way to ensure you get the full compensation you deserve.
It’s also important to pursue your claim as soon as possible after the incident. While you have six years from the date of the incident to bring your police trespass to the person claim, delays might make it more difficult to gather the necessary evidence.
HNK Solicitors can support your police trespass to the person claim
Trespass to the person is a distressing experience, and not something you should have to accept – especially if you have encountered it at the hands of a police officer. The role of the police is to keep us safe and secure by upholding law and order. Nobody should have to accept an unlawful deprivation of liberty or unjustified physical violence at the hands of a police officer.
If you have been a victim of police trespass to the person, HNK Solicitors can help you secure the compensation you deserve. Our highly experienced team have helped many clients to seek compensation through a civil action against the police. With a detailed and up-to-date knowledge of the relevant regulations and legal precedents, we can help to present your case in the strongest possible way.
We offer free consultations to discuss your experiences and help decide whether you may be entitled to compensation, with no obligation to proceed with a claim. If you do wish to pursue a claim, we can offer to take this up on a no-win, no-fee basis. That means that if you don’t receive compensation, you won’t owe us a penny.
To arrange your free consultation, call us today on 0151 668 0809, or email us at enquiries@hnksolicitors.com.
Free Consultation
Contact us today to arrange a free no-obligation discussion about your police trespass to the person 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 trespass to the person claim.
Get The Outcome You Desire
Our expert lawyers will fight the police trespass to the person on your behalf, to get the outcome you desire.
FAQ
Police trespass to the person covers a wide range of specific cases, including wrongful arrest, excessive force and unlawful stop and search. As a result, the amount of compensation received will vary extensively. It will be impacted by issues such as the degree of force used, any physical injuries or ongoing health issues it caused, and how long you were detained for. For a more detailed discussion, please read our police compensation payouts guide.
You have up to six years from the date of the incident to make a claim for police trespass to the person. However, if you were under 18 at the time, this period will begin from your 18th birthday. Generally speaking, it is advisable to begin the claims process as soon as possible after the incident. This will make it easier to gather the necessary evidence, including witness statements, CCTV footage and any medical evidence that might be required.
Police trespass to the person can lead to a range of damaging effects, including physical injuries, mental health issues, and financial losses. Securing compensation can be an important way to begin moving on with your life, helping to offset any costs you may have incurred or pay for ongoing treatment you might need. In addition, pursuing a civil action against the police can result in the force responsible accepting liability and apologising for the incident, as well as undertaking disciplinary proceedings. This can be an important step in helping you to come to terms with the incident, as well as making it less likely to affect others in future.
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