Wrongful Detention Claims

What is wrongful detention?

When a police officer arrests someone, they must follow The Police and Criminal Evidence Act (PACE), which sets out the procedures that govern police powers. If they fail to do so, the arrest can become a wrongful detention. Wrongful detention covers both wrongful arrest and false imprisonment, which can be used interchangeably in this context.

English and Welsh law states that police officers must have reasonable grounds to suspect members of the public of an offence and the arrest must be necessary. . If the police reasonably suspect you of being involved or suspected of a crime or a future crime, they can lawfully make an arrest and detain an individual if the arrest is also necessary. However, if the belief is not reasonable, it can be a wrongful detention or false imprisonment.

Wrongful detention can occur in various circumstances: a case of mistaken identity, incorrect police information, tip-offs, or simply because the correct procedures for detaining a suspect were not followed.

Wrongful detention can occur in a variety of situations, including during a stop and search, when taken for questioning, or while in prison, whether on remand or following a trial.

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

Arrest and detention without reasonable grounds is a breach of human rights.

The police must ensure 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 a solicitor privately.
Everyone who is the victim of a wrongful detention has the right to compensation.

Can I make a claim for wrongful detention?

If you are arrested and detained, you have a right to seek legal advice and consult with a solicitor. If any of your human rights have been breached or a police officer has arrested you without justification, you are entitled to compensation for wrongful detention.

If you are the victim of a wrongful detention, any time spent detained by the police is false imprisonment. The amount of compensation you could receive depends on the time you were detained against your will.

You can also claim assault if you have been handcuffed or experienced any force from the police during the arrest. Any equipment, such as tasers and tear gas, used by the police in the course of a wrongful detention will be taken into account.

Wrongful detention claims specialists

When the police act unlawfully, it can impact every aspect of your life. Wrongful detention can be a stressful and traumatic experience with potentially life-changing consequences. Therefore, if the police have acted unlawfully against you, you may be eligible to receive compensation.

At HNK Solicitors, we have a team of dedicated solicitors who specialise in civil action against the police. We offer free consultations and operate on a no-win, no-fee basis, which means that you don’t need to pay anything upfront to start a claim. Our goal is to provide you with the best legal advice and representation to help you get the compensation you deserve, and we are committed to ensuring your peace of mind.

Why seek wrongful detention compensation?

Being arrested, especially if you have done nothing wrong, can be confusing and frightening. Claiming for wrongful detention can help you restore your reputation and compensate for any injuries sustained or inconvenience caused.

After a wrongful detention, you and your loved ones may suffer harrowing consequences. Whether the stress or trauma has impacted your daily life or you have been suspended from your job, compensation can help restore your life and peace of mind.

How to make a wrongful detention claim

If you are the victim of a wrongful detention, you may be entitled to compensation. The best way to find out is through our specialist team of action against the police solicitors, who will assess the viability of your claim and provide legal advice on your behalf.

If you’d like to start your wrongful detention 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 detention claim.

Get the outcome you desire

Our expert lawyers will fight the wrongful detention on your behalf, to get the outcome you desire.

FAQ

Under PACE, the police must explain why you have been arrested as soon as practicable. Failing to do so can also render a detention wrongful. As well as your human rights, police must adhere to the law to ensure an arrest is necessary.

The necessary criteria for an arrest include:

To obtain your name
To obtain your home address
To prevent – physical injury, property damage, public indecency, and unlawful obstruction of a highway.
To protect a child or vulnerable person
To allow prompt and effective investigation of an offence
To prevent the disappearance of someone suspected of committing an offence.

For a claim to be successful, you must prove that you were detained. To prove that you were detained, you must show that you were physically unable to leave or felt unable to leave a place. You can be detained anywhere, including in your own home and you don’t have to be handcuffed to suffer a wrongful detention.

If you have suffered wrongful detention, you can file a complaint with the police constabulary involved. This may not result in any action, but it can be used as evidence if you decide to make a claim.

It is essential to know your rights when you are detained. 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.

While you are in custody, you have the right to speak to a legal advisor, and we strongly encourage you to do so.

While you can report wrongful detention directly to the police yourself, this in itself isn’t a claim and will only be able to trigger an investigation against the offending officer.

Claims against the police can be difficult to pursue. Therefore, a trained professional can provide you with legal advice and collect the evidence needed to claim on your behalf.

Cases of false imprisonment and wrongful detention have a time limit of six years. Claims based on a breach of human rights must be made within 12 months, while claims relating to negligence and injuries (including psychological) must be made within three years.

It is recommended, however, that individuals make their claim as soon as possible, as it becomes easier to gather evidence and a remember the course of events.

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

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Higgs Newton Kenyon Solicitors

4.3

Based on 246 reviews

review us on

Peter Kelly

18:22 31 Mar 25

I spoke to HNK about my case and they immediately agreed to take it on against the police for what they did to me. They were confident of winning from the start and had the time to speak to me at length explaining the process, what was involved, how long it would take and what they predicted.I was kept updated about the communication between themselves and the police. They quickly settled the case and within a week of the police conceding and agreeing an amount of compensation, the money was paid into my account.Becky was the person I mostly spoke to. She explained everything to me and answered any questions I had. She was professional as well as friendly and understanding.Thank you to Becky and HNK I can't recommend them enough

William Jones (William Jones)

12:39 28 Mar 25

I have a couple of cases. Still waiting on one case. On the case that has settled, I got a professional service and a good result. Therefore currently a 5 star review.Friendly to work with at all times.

Mick Purser

07:55 25 Mar 25

I found Higgs Newton Kenyon Solicitors online.They had very good reviews so I decided to give them a try.They were very professional from the start in dealing with my case, everything was explained to me in lamens terms, communication was excellent and they kept to there time lines.This ended in a win claim for me, my compensation was deposited into my account promptly less there fees which had been discussed at the beginning of the process.In all a very professional and prompt serviceFrom Higgs Newton Kenyan Solicitors

Wayne

16:32 17 Mar 25

Very satisfied with the level of service I got. Higgs Newton kept me informed and updated with the progress of the case and maintained a friendly persona throughout. They explained everything to me thoroughly and got me back some good compo.A big thanks to the team and a special thanks to Rebecca Swetnam

Adam H3aton

23:41 15 Mar 25

Amazing won my case highly recommend using

Dave Martin

15:05 14 Mar 25

Excellent service 100% satisfied Would use again and recommend to others.

Mike Mircea Pop

14:52 14 Mar 25

Very professional firm and had a great experience with them. I did not feel pressured from the first call to the last one and the solicitor did a heck of amount of work in the background to get me a positive outcome. At every stage I did receive an update on the progress and next steps so I was very pleased with how it was handled. Thank you!

Justin O'REILLY

10:53 14 Mar 25

I had never been arrested in my life,, a very malicious man that was trying to steal my property, claimed three times I had made racist comments at him, no evidence on three occasions and detained. Well its cost them, and hopefully they will not arresting people that have got a court Injuction against the accuser with out any evidence. Good service, takes forever, but that's the Enlish way. Thanks 😊

Nicola Snell

08:29 12 Mar 25

Deepa Chand was tenacious and very professional. My case was settled out of court for Police misconduct and trespass to property.

Ryan Taylor

12:36 24 Feb 25

I reached out to several ‘no win, no fee’ solicitors about my wrongful arrest claim, but most either ignored me or weren’t interested in taking it on. HNK Solicitors, on the other hand, took my case seriously from the start. They acted swiftly, kept me informed throughout, and provided solid legal advice at every stage.When I received an initial compensation offer, they immediately pointed out that I was being lowballed and pushed for a better settlement. Thanks to their expertise and persistence, I ended up with a significantly improved outcome.If you're struggling to find representation for a wrongful arrest claim, I highly recommend them. They get things done and fight to ensure you receive fair compensation.

Steve Pryce

09:58 21 Feb 25

Excellent service from Vivien Lee, always efficient and prompt with responses. Great service and a good job done. Thanks

Craig Stone

06:27 14 Feb 25

This firm is truly amazing at what they do. This is now the second time I’ve used there services. I have been represented by Vivian Lee who does an amazing job highly recommended.

M star

00:52 12 Feb 25

I’ve had HNK solicitors assist me in drafting multiple claims. They handle all cases to perfection and they are my first option.

melanie sherrington

15:25 07 Feb 25

Mr Wharton has been very helpful with supporting me with my case. He has been professional, knowledgeable, and very understanding. I would recommend Higgs Newton Kenton Solicitors.

J L

14:40 30 Jan 25

Avoid HNK SOLICITORS They work with the POLICE.The most unprofessional firm, don’t believe there good reviews.They work alongside police, delay your case with the pretense they’re still investigating your case whilst liasing with the police especially on serious cases eventually telling you haven’t got a case, whilst they get payed.I’ve transferred my case to another solicitors firm if you are already entangled with this mess of a firm do this before they waste 12 months or more of your time then you’ll be given an excuse.My case was clear as day raided/attacked by 12 riot police officers, property then searched nothing found left with no apology no care for my care concern or injuries just left however that metropolitan police for you.Michelle Mcman wasted 12 months with my case lack of communication one day I called in 12 times and couldn’t get through to her continuously told by the receptionist no nones available.Avoid this company at all cost there Co-owner Craig Newton, doesn’t even apologise even when he’s solicitors are in the wrong but make excuses for them.This solicitors firm is based around gaining as much money as possible, no form professionalism or empathy.I doubt there even actual solicitors within this firm with experience and knowledge with decent customer service .Michelle Mcman contacted me twice verbally within the whole twelve months and handful of times via email.I can’t put forward across how unprofessional it is to give the police extensions without notifying the client.After numerous extensions by Michelle the police eventually gave her the body cam footage not all of it, they held back the worst parts as they do.However after numerous calls and arguments with the reception and also Michelle as she was holding back the footage saying, I need to give consent and she needs to speak to her supervisor.I was eventually emailed me the body cam footage 5 days after me being given consent same day via email, bearing in mind I’ve waited 5-6 months for footage.The receptionists are trained to say your solicitors are unavailable can we request they call you back .I heard this for a good few months.If you’re looking for a firm who deals with actions against police avoid this one with all costs.I will you going the SRA and the legal ombudsmen as this is truly unjust.My case had been transferred as of yesterdayworst firm ever……. Avoid all costs

Emerson

17:55 20 Jan 25

Awhile ago I was wrongfully arrests and for a number of reasons this completely destroyed my life. Several firms refused to take my case seriously. But HNK and Vivien Lee in particular listened to me every step of the way and did everything they could to try and make this case happen. Even though it didn't work out in the end, due to barristers not wanting to take the case, I think this is a testament to this forms character and committment to doing everything they can to help people who've been wronged by the police.

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.

Reggie Photo

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.

Martin Mcc

13:50 28 Oct 24

Great Service by D Higham. Communication and advocacy excellent.

Mayson Lee

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.

Sam Levett

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.

Ankur deswal

17:34 17 Jul 23

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

Turner carl

22:34 09 Jul 23

I've learned a lot from life. Even if you are decent, humble, and honest to guys, it doesn't guarantee that they will treat you similarly. I've been married to my spouse for about six years and didn't know he was cheating. I chose to confide in a friend after noticing some changes in his behavior, and they connected me with a hacker by the name of DAVID WILFRED. By remotely hacking and gaining access to his phone call log, Facebook, Messenger messages, phone texts, WhatsApp, Skype, database, and other items, this guy did an amazing and excellent work for me. You can get in touch with this active hacker at (digitaltechhacker @ gmail com).

Kelsea Naismith

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.