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Actions Against The Police

Malicious Prosecution Compensation

Malicious prosecution can have a devastating effect on someone’s life. Being falsely charged with a crime is difficult enough, but when this is the result of deliberate wrongdoing it can be even harder to deal with. We place great trust in the law to be fair and just: when the police or other prosecuting authorities abuse their power it can cause real damage.

Malicious prosecution is different from simply being wrongly accused of a crime: there must be evidence of deliberate malice on the part of the police or other prosecuting authority.

Our expert lawyers could help you claim compensation for malicious prosecution if you have been the victim of:

  • Evidence being fabricated against you
  • False accusations (i.e. that you assaulted a police officer when in fact they assaulted you)
  • Insubstantial evidence being used without full investigation

In the above instances compensation could be awarded to you for the damage to your reputation and the legal costs incurred in defending yourself against the malicious prosecution.

Our solicitors have brought claims against almost every major police force in England and Wales and have the experience needed to navigate these complex cases. We’ll fight to get you the justice you deserve and secure the best outcome possible.

Call us today on 0800 028 1943 or fill out an enquiry form and we will call you back.

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Malicious Prosecution Claims - More Information
    • Who Can Make A Claim?
    • Anyone who believes they have been subjected to police misconduct may be able to bring legal action against the police. You can also bring a claim on someone else’s behalf if they are unable to – for example if they:

      • Are a child
      • Lack mental capacity to instruct solicitors

      You can also bring a claim on behalf of a loved one who has died if an inquest finds that the police or other authority was responsible for their death. For more information on how we can represent you at inquest, please visit our Inquests page.

    • How Long Do I Have To Make A Claim?
    • There are strict time limits in place when bringing a claim, so we always recommend getting in touch with our experts sooner rather than later.

      You have 6 years to make a claim for wrongful arrest or false imprisonment. However, you only have 3 years if you are making a personal injury claim.

      If you are making a complaint against the police, you only have one year.

      There are some exceptions that may apply, for example:

      • If you are claiming on behalf of a child
      • If you are bringing a claim on behalf of someone without the mental capacity to bring their own claim

      If you are thinking about making a claim against the police or another authority, we urge you to get in touch with us as soon as possible so we can advise you on the best action.

    • What’s The Process For Making A Claim?
    • First of all you’ll speak to one of our friendly team on the phone. You can talk to us about your situation and we’ll assess whether or not we can help you.

      If we’re able to take your claim forward, we’ll get started right away. Our expert team will look into your case in detail, compiling evidence to make sure your case is as strong as possible. Where appropriate – for example in the case of personal injury – we’ll obtain expert medical opinion to support your claim and show the impact on your life.

      Bringing a claim against the police may involve first filing a police complaint. If this is the case, we’ll be able to advise you through the process. You can find out more about how these complaints are dealt with on our Police Complaints Procedure page.

      Once we have everything we need, we’ll attempt to settle your claim. Most cases settle out of court and that is always our preferred option, but if this isn’t possible, we will support you through the trial and help you with any court appearance.

    • What Is The IPCC?
    • The Independent Police Complaints Commission (IPCC) is an independent body set up to deal with complaints against the police. Anyone can make a complaint to the IPCC but they tend to only investigate the most serious claims – usually those involving severe injury or death.

      Complaints not dealt with by the IPCC should be referred to the Professional Standards Department within the relevant police force so that the conduct of the police officer/s involved can be properly investigated. However, this is often not the case, and we often find examples of both the IPCC and the Professional Standards Department not properly applying the police complaints procedure.

      This means although the correct structures are in place for people to file a complaint against the police, this doesn’t guarantee every complaint the attention it deserves.

      For this reason we advise having the experts on your side. 

      Read more about our expertise in handling the Police Complaints Procedure.

    • What funding is available?
    • When we first take on your case will discuss funding options with you. Legal aid is available to bring claims against the police, provided you meet the financial eligibility criteria. If you don't qualify for legal aid, we can offer conditional fee agreements (No Win No Fee*), fixed fee, or other funding arrangements depending on your circumstances.

    • Meet the Team
    • We’ve helped clients to claim against almost every major police force in the country. Our specialist lawyers have the experience and expertise to make sure your case gets the attention it deserves.

      We have a proven track record of success in high profile cases and frequently challenge police policy and activities. Fiona McGhie on our team worked with Cerebra to update their guidelines on the arrest and detention of disabled children. We also work closely with the charity INQUEST to push for more transparency around deaths in police custody and other state detention.

      We are listed as a leading firm in the area of Actions Against the Police by the premier legal guides the Legal 500 and Chambers & Partners. As well as our own specialist knowledge, as a full-service law firm we can draw on the expertise of colleagues from all areas of law where appropriate to ensure your case is dealt with as comprehensively as possible.

      We promise to keep you informed throughout your case, avoiding legal jargon and explaining everything to you in plain English. However your case progresses, we’ll do everything we can to protect your best interests and take the determined action required to achieve a positive resolution for you and your family.

      Meet the team

I feel like I've taken on the world and beaten it, not just for me but for everyone else.”

Mrs R, Client
Client Quote

Frequently Asked Questions

Who Can Claim For Malicious Prosecution?

If there is evidence that charges were brought against you with malicious intent, we could help you get the justice you deserve. 

Our expert lawyers could help you claim compensation for malicious prosecution if:

  • Your prosecution resulted in an acquittal
  • You have successfully appealed a conviction

The ‘malice’ involved in a malicious prosecution claim must be more than just spite or ill-will, and needs to have caused actual damage. This could be damage to your:

  • Reputation
  • Property
  • Person

Malicious prosecution cases can be complicated and take a long time to settle. However, if you have been the victim of a deliberate miscarriage of justice, it can be very important to pursue a claim.

Call today on 0800 028 1943 – or fill out our online form and we’ll call you back.

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What Damage Can I Claim Compensation For?

Being accused of a crime can have a lasting impact. It’s not enough to be proven innocent if the damage to you and your family has already been done. Examples of things you could claim compensation for in a malicious prosecution case include:

  • Business or earnings lost because of the false charge
  • Damage done to your property
  • Legal fees incurred

Most of us take care to live responsible lives on the right side of the law and expect this of others too. If you have faced criminal charges people might treat you differently, regardless of what a court decides. Work and home life could both be affected: you may feel like your job opportunities are reduced and your relationships suffer.

Bringing a claim for malicious prosecution can help redress this injustice and provide financial compensation for the losses you’ve suffered because of someone else’s actions.

If you believe you’ve been the victim of malicious prosecution, get in touch with the team today. Call us on 0800 028 1943 or fill out our online form and we'll call you back.

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Why Choose Irwin Mitchell For A Malicious Prosecution Claim?

Malicious prosecution cases can be complicated, but we have the experience and expertise to get you the justice you deserve.

We’ve brought claims against almost every major police force in England and Wales and understand the potential complications of taking action against these and other authorities. We’ll work with you to understand the full details of your case and the impact it’s had on your life.

As a full service law firm we can draw on the expertise of colleagues from other departments who also have experience of the criminal justice system, working together to ensure we have the best chance of bringing a successful claim on your behalf.

We promise to give you clear straightforward advice without legal jargon. We’ll keep you informed throughout your case to let you know what’s happening every step of the way.

Call us today on 0800 028 1943 – or use our online enquiry form and we’ll get back to you.

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We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

Private Client Team of the Year - Legal Business Awards 2018 legal-500-2019 chambers-2019 The Times Best Law Firms 2019

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