Wrongful Arrest Claims

What is wrongful arrest?

The law in England and Wales, under The Police and Criminal Evidence Act “PACE”, dictates that a police officer can only arrest a person if they have a warrant or if they have ‘honest and reasonable grounds’ that a person is involved in or suspected of carrying out a potential crime. As the law allows police officers to make that judgement, prejudice and unjust actions can often play a big part in making an arrest.

Wrongful arrest, therefore, is when a police officer shouldn’t have suspected a person, making it unnecessary to conduct an arrest. Wrongful arrest also includes instances when inquiries could have been made without the need to detain a 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

What are my rights when wrongfully arrested?

If you are arrested by the police, the arresting officer must explain to you the reasons why you were arrested as soon as practicable.

“PACE” governs proper procedures for police conduct and balances individual rights and police powers. The police must ensure that they uphold standards of conduct found in PACE and don’t interfere with a person’s rights under the Human Rights Act 1998. In every aspect of life, you should be treated with dignity and respect, especially by law enforcers.

Under Article 5 of the act, it details the right to liberty and security when arrested by the police:

Everyone has the right to be promptly informed of the reason for arrest, in a language that the person understands.
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 seek 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 wrongful arrest?

If you have suffered unlawful arrest you can make a claim against the police. If any of your human rights have been breached or a police officer has made an arrest with undue cause, you are entitled to pursue compensation for wrongful arrest.

If you are the victim of an unlawful arrest, any time spent detained by the police is classed as false imprisonment, which you can also claim for. The amount of compensation you could receive depends on the time you were detained.

You can also make a claim for assault if you have been handcuffed or experienced any force from the police during the arrest. Any equipment, such as tasers and Pava spray, used by the police in the course of an unlawful arrest will be taken into account too when you make your claim.

If you want to make a claim for wrongful arrest, this allegation rests on two things:

Whether or not the officer should or shouldn’t have thought the person they arrested may have been involved in a criminal offence or was about to commit a crime.
Whether it was necessary to conduct the arrest or not.

If it is found that the officer did not have honest and reasonable grounds to suspect the individual they arrested of a crime, or that they could have conducted inquiries without an arrest taking place, then you would have a case for wrongful arrest.

Wrongful arrest claims specialists

When the police act unlawfully, it can impact every aspect of your life. Therefore, if the police have acted unlawfully against you, you may be eligible to receive compensation. You can do so through a civil action against the police.

Here at HNK Solicitors, we have a dedicated team of action against the police solicitors who can help you get the compensation you deserve if you have been wrongfully arrested. We provide free consultations and operate on a no-win, no-fee basis, meaning you pay nothing upfront to start a claim.

Our team are highly experienced in helping individuals who have been wrongfully arrested. We support our clients every step of the way, fighting for justice to hold the police to account and to get our clients the compensation they deserve.

Why seek wrongful arrest compensation?

Being arrested, especially if you have done nothing wrong, can be frightening and cause a range of negative consequences for an individual. Making a claim for unlawful arrest can help to compensate for unfairly damaged reputations, inconvenience caused, or any physical or mental injuries sustained.

After a wrongful arrest, you and your family can undoubtedly suffer the impact. Whether the stress has impacted your daily life, or you have been suspended or lost your job as a result, compensation can help in some way to help you move on from the incident.

How to make a wrongful arrest claim

If you have been the victim of an unlawful arrest, you may be entitled to compensation. Our specialist team of action against the police solicitors will assess the viability of your claim and provide legal assistance on your behalf.

If you’d like to start your unlawful arrest claim today, simply fill out our online claim form. Alternatively, 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 wrongful arrest claim.

Get The Outcome You Desire

Our expert lawyers will fight the wrongful arrest 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, otherwise, it can be considered an unlawful arrest.

The police must follow a set procedure when making an arrest. The arresting officer should 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 you are unlawfully arrested, 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, so we advise you to take this course of action.

If you were arrested by the police and they had no reasonable grounds to do so, or if they did not follow the correct procedures set out in PACE, you could be eligible to make a wrongful arrest claim.

Get in touch with our team of civil action against the police solicitors to arrange a free consultation. Here we can discuss the details of your case and let you know if you’d be eligible to make a claim and how to proceed.

If you believe you are a victim of wrongful arrest, we encourage you to seek legal advice as soon as possible. Once you have sought the help of a solicitor, they will assess the viability of your claim. If they believe you are entitled to compensation, they gather evidence and start the process of making a claim against the police.

Our expert solicitors support you every step of the way, communicating with the police on your behalf, gathering the evidence needed and will even represent you in court, if needed.

Yes. Even if the police have lawfully arrested you, it can become unlawful under certain circumstances. 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, this can render an arrest unlawful.

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.

There is currently a 12-month time frame to claim a breach of human rights, three years for negligence, assault claims and injuries (including psychological), and six years for cases of false imprisonment, malicious prosecution and trespass to person or property.

We encourage people to make a claim as soon as possible while the event is fresh in their mind and the relevant evidence is easier to access.

The compensation you can receive depends on the length of time you have been unlawfully detained. You can claim upwards of £1000 in damages for false imprisonment lasting up to one hour and around £6000 for 24 hours.

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Higgs Newton Kenyon Solicitors

4.3

Based on 229 reviews

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s a

22:10 07 Jan 25

Very helpful and understanding, done a good job in getting me a damages settlement by the police, thank you HNK.

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17:10 13 Dec 24

HNK are an amazing solicitors firm from the first moment you make contact throughout your case they always keep you in the loop and more importantly get you the results you need. I can't see myself using any other solicitors except HNK.

S B

09:59 01 Dec 24

Alan

16:00 14 Nov 24

So far they have helped me with 2 claims against the police & I couldn't be more happy with the service they provided. They took me through step by step & kept me updated on how things were going. I would HIGHLY RECOMMEND HNK Solicitors.

Andrew Johnson

13:15 08 Nov 24

The team are excellent and so helpful. If I ever need help again I will be calling this brilliant team again.

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Great Service by D Higham. Communication and advocacy excellent.

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15:26 22 Oct 24

I would give five stars but it took a tiny bit longer than expected And I have to keep their feet grounded. However, Alexandra exceeded my expectations in every possible way and went above and beyond settling my case. Very happy with the service I received would definitely use them again.

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05:58 02 Oct 24

Very professional team with amazing communication, thankyou so much 🙏

Headon Enterprises

14:25 16 Sep 24

I received a good service from Higgs Newton Kenyon Solicitors. Although it took a little longer than expected to get a result.

K D

11:21 14 Sep 24

They’ve done an excellent job for me, I can’t speak highly enough of them and I wouldn’t hesitate to use their services again.

Richard Jones

12:32 09 Sep 24

Excellent service throughout kept me informed and advised and got me the justice I feel I deserved would definitely use again and recommend to family and friends thanks again HNK

Paul Reid

16:51 15 Aug 24

Good firm. Good, clear comms through the process

Iain Sutherland

20:42 12 Aug 24

Excellent firm, they took my case when 5 other firms said no. very professional with great communication throughout.I would highly recommend them to anyone, they care and absolutely do their best for the best outcome possible.I cannot thank them enough for helping to bring me some closure from a horrible experience.If I could give them 6 stars I would.Thank you very much to all the people at this firm for helping and for all your hard work and also staying patient with me when I didn't understand the what when and why's.

Kitcatsnz

13:59 02 Aug 24

Anna Summerhayes

16:09 01 Aug 24

Michelle and Leigha have been absolutely wonderful. They kept me updated, advised and notified me during the whole process of my claim. Michelle fought for more compensation than was originally offered resulting in me being awarded a substantial amount. The justification for me was priceless as in essence it proved an admission of guilt from the Police Force in question. I would highly recommend this company and would definitely use thier expert services again if needed. Thank you for everything ❤️

Alec M

19:00 18 Jul 24

Brilliant staff, brilliant service will be using them again very professional and helpful and a successful claim against the police for misconduct can't thank them enough

Jay Duckworth

20:34 08 Jul 24

Michael from HNK Solicitors provided an excellent, straightforward, and professional service, with the outcome being very positive. Would recommend.

Gemini Love

12:44 02 Jul 24

I have had really good communication from start to finish. I would highly recommend them

Will Richards

20:51 13 Jun 24

I received clear information and updates on the case, though I was disappointed after being advised I could expect a higher level of compensation than I actually received.Nonetheless, I was happy with the friendly and helpful communication I enjoyed, and the work done on my behalf.

James Shaw

14:06 03 Jun 24

Excellent service from HNK with a special mention to Lauren and Leigha. HNK managed to settle my claim to a satisfactory outcome. I was consulted along the way and was fully informed before making any decisions and before any action was taken. Definitely recommend

Ben Stokes

12:43 26 Apr 24

Fantastic service throughout. Professional and knowledgeable solicitors who hold corrupt and dishonest police officers to account. Settled my case within 3 months. Made an awful situation somewhat better. Highly recommended.

imrie Michie

16:10 25 Apr 24

They kept me informed all the way through the process it did take time but they got me a result I will use then again and again and a special thanks to Michelle McMahon

Terry Staples

14:22 25 Apr 24

Amazing and professional

Stephen Chipchase

14:59 23 Apr 24

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.

Col Gilbert

10:05 15 Feb 24

R Morley

10:52 23 Jan 24

Stuck with me all the way through the start and got exactly the result I wanted and even more, didn't think I could be compensated as much due to the circumstances, thanks a lot and would recommend anyone to these services, always professional, keep up the good work.

Georgi Kolev

11:41 13 Jan 24

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.

Simon Si

18:17 10 Jan 24

Very good service throughout, they constantly kept me in the loop and managed a very satisfactory result. I would gladly recommend their service,s to any experiencing the same sort of problems.Many thanksSimon

Loops Ent

07:29 22 Dec 23

Very good Solicitor firm, very deligent with their approach. Was an absolute pleasure to work with as they took on my claims against the police and saw to it that a compensation was reached. However this is just one out of many potential cases so am looking forward to working with you guys again.

Dina 21

16:35 11 Dec 23

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.

Majik E

13:05 06 Dec 23

Michael Wharton kept me informed throughout my criminal injures claim and was always available for advice and reassurance. Just waiting for my claim to be paid out and that will be a satisfactory end to a traumatic event. Again a big thank you to HNK solicitors.

christian heath

12:02 29 Nov 23

Been really helpful and quick at getting it done and processed.

Matthew Higgins

23:31 16 Nov 23

I highly recommend HNK Solicitors for their outstanding work on my case against the police. Vivian was fantastic, providing constant support and making the process much more comfortable. Thanks to the excellent teamwork between her and Alex, we won the case. If you've been wronged by the police, HNK Solicitors are the ones to call.

Learner 2 Driver Academy

16:17 20 Oct 23

Being the first time having to fight a case against the police I was a bit apprehensive with what the outcome may of been but my solicitor demi was kind and professional and always made me feel at ease every time i spoke to her. I can't thank her enough for the work she put into fighting my case and having Alex as my barrister who I was extremely impress with how he handled my case was a true blessing. So grateful for them both and I have and would forever recommend anyone to work with the firm. Thanks again 😊

Milly Ferguson

10:15 19 Oct 23

I would highly recommend!! Got my claim sorted out within months

Cw Cw

20:21 06 Oct 23

Lindsey Francis

14:33 29 Sep 23

Amazing service. prompt, successful and professional throughout. Would highly recommend.

unome

17:07 25 Sep 23

I thank all involved in processing my claim successfuly. Everyone was professional,helpful and polite.

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.

_ MediaNPTGwent

12:25 08 Sep 23

Have sought the help of Higgs Newton Kenyon Solicitors on a number of cases now, and they've been nothing but attentive and helpful at getting me the best outcome. Would highly recommend

Rob Marchant

18:39 29 Aug 23

Very satisfied with service provided to me! Would highly recommend this company to all ! Robert w Marchant.

Scott LP

15:09 26 Aug 23

They are lawyers, so $$$ is their only agenda and, thus, when we refused the offer of compensation in favour of a public apology, they ended up defending the perpetrators out of spite. Unethical is an understatement.

Courtney Lviz

10:32 22 Aug 23

I am extremely satisfied with the exceptional service provided by Higgs Newton Kenyon solicitors. Their dedicated work and professionalism in handling my case led to a successful settlement that brought great relief. The team's commitment to excellence is truly impressive, and I appreciate their efforts. I highly recommend their services and am grateful for their support. Thank you, HNK solicitors!- Courtney LV

15:35 14 Aug 23

Excellent professionalism and outcome by Michelle McMahon, thank you.

FullStop Bandit

16:24 05 Aug 23

Steer clear of Vivien Lee unless you are motivated purely and exclusively by undiluted greed and amorality.

Anthony Smith

01:43 26 Jul 23

I must have drawn the short straw if all these positive reviews are authentic.My own case was handled mainly by para legals. Who displayed very little skill, or real knowledge of the law, and definitely lacked any kind of commitment. I received only one phone call in the three years it took them to 'resolve ' my case.The treatment I received from this firm was barely adequate. If you are thinking of using HNK my advice is find someone else. Unless you don't mind wasting three years of your life for very little in the way of compensation.

David Swift (Loquacious)

23:04 18 Jul 23

Very promising. Will update once completed.

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17:34 17 Jul 23

Such a wonderful experience with them.Excellent services got such a friendly people thanks HNK .. 🙏🙏

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21:21 03 Jul 23

My solicitors name was Micheal Wharton, he done an amazing job in helping me with my case. He treated me with empathy, respect, and compassion. He is very understanding and kept me up to date with any updates/changes every step of the way. His communication skills are amazing, and he made me feel at ease when talking about my case and reassured me when I was worried.I would highly recommend Micheal Wharton as your solicitor he is very good at what he does and is very professional at all times whilst providing excellent support and advice.I can't thank Micheal enough for everything he has done for me.

Ellen Brown

08:39 31 May 23

Positive service. Treated me with kindness and respect. Didn't make me uncomfortable whilst doing their enquiries.Kept me in the loop at all times and helped me come to a decision that best suited me.Thank you to Michael Wharton for making the effort to help me 🙂

Al Tommo

20:09 19 May 23

Very good service, couldn’t be happier with how they handled my claim and we also got justice and compensated rightly! 5 stars 10/10 does what it says on the tin thank you to the team at Hicks Newton Kenyon

brian morhan

17:01 26 Apr 23

Absolutely brilliant. They kept me in the loop throughout the process. I am very happy with the result. Very professional team. I would 100 percent recommend them. Thank you Michael.

amber-marie shoemark

16:30 24 Feb 23

Highly recommend using higgs Newton Kenyon solicitors I most definitely got my justice I deserved could not of done it with out Michael support I got the support and help the very first day Michael got in contact with me and all the support carried on all the way to the last day

M Edgerton

13:29 30 Jan 23

I contacted Higgs Newton Kenyon over a distressing experience with the police and feeling very vulnerable. Lynne Hughes helped me with my case and was really understanding and empathetic. It meant a lot to have someone speak for me and the outcome of the case was better than I expected. Thanks to their service I have been able to put this experience behind me and move on.Would recommend.