Wrongful imprisonment
The police play a hugely important role in keeping us safe and ensuring that laws are obeyed. For this reason, the police are granted powers that ordinary people do not – and that includes the power to imprison people for a period of time.
Of course, depriving people of their freedom is a serious step, and that’s why there are extensive regulations governing when and how the police are allowed to take this drastic action. If these regulations aren’t followed, this can lead to wrongful imprisonment, also known as false imprisonment.
Wrongful imprisonment is a devastating and deeply distressing experience for those who experience it. It can lead to a range of issues, from physical injuries and mental health struggles to reputational damage and financial losses. That’s why it’s vital that victims of wrongful imprisonment take steps to seek redress – and that includes pursuing a compensation claim through a civil action against the police.
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 is wrongful imprisonment?
Wrongful imprisonment – also known as false imprisonment – refers to any situation in which you are deprived of your liberty without lawful reason.
The police do have the legal authority to deprive you of your liberty in certain situations. For instance, they may place you under arrest if they have an arrest warrant or it is deemed necessary to arrest you. They may also detain you in order to perform a stop and search.
However, there are strict limitations on when, how, and for how long the police can detain you. If these limitations aren’t observed, then you have been wrongfully imprisoned. This is understandably a distressing experience, even if it is only for a short time.
It’s important to be aware that if you have been a victim of wrongful imprisonment on the part of the police, you may be entitled to seek compensation – read on below to find out more.
What are some examples of wrongful imprisonment?
Wrongful imprisonment can take a number of different forms. There are a number of situations in which the police can legitimately restrain you, but if they do so without attending to the appropriate conditions, then this will not be a lawful use of their powers. This includes:
- Wrongful arrest. If you arrested without a warrant or without reasonable grounds to suspect you of an offence or without the reasonable grounds to deem your arrest necessity, this may mean you have been wrongfully imprisoned.
- Unlawful stop and search. If you are stopped and searched without a lawful reason or for discriminatory reasons, this may also constitute wrongful imprisonment.
- Overlong detention. There are limits on how long you can be held in custody in specific circumstances, as well as a requirement that your detention is reviewed periodically. If you are detained longer than permitted or without proper review, even a lawful imprisonment may become unlawful.
- Malicious prosecution. If the police deliberately prosecute you with malicious intent, then any time you spend in custody as a result of this will likely also constitute wrongful imprisonment.
Further, it’s important to note that imprisonment does not require physical restraint. If you are deliberately led to believe that you are not free to leave even when you are not under arrest, then this can constitute wrongful imprisonment.
It’s also important to note that wrongful imprisonment can also involve other instances of police misconduct. For instance, if you are restrained without legal justification, and force is used to do so, this may also constitute excessive force or police assault.
What should I do if I’ve been wrongfully imprisoned?
If you believe you have been wrongfully imprisoned, this will understandably be an upsetting experience. There are a number of steps you can take in order to ensure that the behaviour you encountered is properly investigated and that, if appropriate, disciplinary action is taken.
In the first instance, you can complain directly to the police force responsible. As we explain in our blog post “How do I make a complaint against the police?”, you should make your complaint in writing as soon as possible after the incident. The police force are obliged to respond in writing to your complaint. That includes informing you whether they will be opening an investigation. If they choose not to investigate, they must explain why.
While a police complaint can result in an apology being made and disciplinary action being taken against those responsible, it will not result in you being awarded compensation. To seek compensation, you will need to take the police force responsible to court through a civil action against the police.
Whichever route you take, the best approach is to seek legal advice as soon as possible, ideally from a solicitor with experience in police misconduct cases. They will be able to advise you on whether your situation likely constituted wrongful imprisonment, and support you if you do wish to pursue a claim.
Why should I seek compensation for wrongful imprisonment?
If you have experienced wrongful imprisonment – or any other form of police misconduct – the events will understandably have had a major impact. Depending on the specifics, you may have experienced a range of damaging outcomes, including physical injuries, mental health issues, distress and anxiety, financial losses and reputational damage.
If you have suffered any of these types of damage as a consequence of police misconduct, seeking compensation can provide significant benefits in helping you to recover and move past the incident. It can not only help to offset any financial impact, but it will also serve as acknowledgment of the harm you suffered. If you require any ongoing treatment or support with your health, compensation can help to ensure you can access this without delay.
Of course, you may feel that pursuing a wrongful imprisonment claim will be a significant burden and take a great deal of time. This may result in you deciding not to seek any compensation. However, with the support of skilled and experienced solicitors, the experience can be straightforward, allowing you to focus on moving on with your life while they take over the requirements of building your case.
HNK Solicitors are your wrongful imprisonment claims specialists
Here at HNK Solicitors, we’ve helped many clients to secure compensation following an experience of police misconduct. Our team of experts have in-depth knowledge of the relevant laws and regulations, as well as an understanding of the impact that wrongful imprisonment can have on those affected. As a result, they won’t just be able to maximise your chances of securing the compensation you deserve – they can also provide sensitive and tailored support to make the process as straightforward as possible.
Our team offers free consultations for those who believe they have been wrongfully imprisoned. They will discuss your case and advise you on whether you may be entitled to compensation. If they think you are, they can offer to take up your case on a no-win, no-fee basis.
To arrange your free consultation, with no obligation to pursue a claim, get in touch today. Call us 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 wrongful imprisonment 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 wrongful imprisonment claim.
Get The Outcome You Desire
Our expert lawyers will fight the wrongful imprisonment on your behalf, to get the outcome you desire.
FAQ
There is a time limit of six years from the date of the incident for making a wrongful imprisonment claim. However, the sooner you begin the claims process, the better. The longer you wait, the more difficult it may be to gather the necessary evidence to support your claim.
The amount of compensation you receive will depend on various factors. This includes how long your wrongful imprisonment lasted – the longer you were detained, the more compensation you are likely to receive. It will also depend on whether any other forms of misconduct took place at the same time. For instance, if you were a victim of false imprisonment and force was used as part of this process, this will likely also constitute an assault. For more information on the factors that will determine how much compensation you could receive, read our police compensation payouts guide. However, for more tailored advice on the compensation you may be entitled to, get in touch to discuss your case with a member of our team.
In order to make a compensation claim for wrongful imprisonment, you will need to take the police force responsible to court. As part of this process, you will need to provide evidence that you were restrained without legal justification – for instance, you were stopped and searched without an appropriate reason, or you were arrested without a warrant and without any necessity to do so. To achieve this, you will need the support of an expert solicitor. They will be able to gather the necessary evidence on your behalf and identify which legal statutes were breached in your case. At HNK Solicitors, this process begins with a free consultation in which we discuss your experiences and advise you on whether you may be entitled to seek compensation.
Anyone who believes they have experienced police misconduct has the right to seek compensation through a civil action against the police. However, in some circumstances, the person who was wrongfully imprisoned may not be in a position to make a claim – for instance, if they are under the age of 18 or they do not have the mental capacity to pursue a claim. In this case, the person will need a “litigation friend” to pursue the claim process on their behalf. This will usually be a parent, guardian or trusted family member.
Similar to unlawful arrests, wrongful imprisonment claims can be made up to 6 years after the incident. Any claims for personal injury, however, are limited to three years.
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