Wrongful Arrest & False Imprisonment Claims

Q: How long do I have to make a claim?

There are strict time limits in place. These are: Wrongful arrest or false imprisonment - 6 years to make a claim Personal injury - 3 years to make a claim Claims under the Human Rights Act 1998 - claims should be within 12 months of the act complained of Complaints against the police - 12 months to make a claim. There may be exceptions if you are claiming on behalf of a child or bringing a claim on behalf of someone without the mental capacity to instruct solicitors themselves.

Police officers carry out a vital and often highly challenging role, frequently needing to make quick decisions in difficult circumstances to protect the public and maintain order.

Being arrested or detained by the police can nevertheless be a frightening experience. In most cases, officers act lawfully and proportionately. However, on occasion things go wrong — whether because of misunderstandings, poor information, procedural failures or decisions made under pressure. When an arrest or detention is unlawful, or force is used unnecessarily, the impact on the individual can be serious and long-lasting.

If you have experienced a wrongful arrest or false imprisonment, our specialist lawyers can advise you on whether the police acted lawfully and, where appropriate, help you pursue a claim.

We may be able to help if you've been:

Arrested without reasonable grounds
Mistreated in custody
Assaulted

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Your rights when arrested or detained by police

The police have wide powers, particularly where public safety is at risk. Those powers exist for good reason, but they are not unlimited. Even where someone is suspected of a crime, the law requires officers to act fairly, proportionately and within clearly defined boundaries.

The police can only arrest you if they have “reasonable grounds” to believe you have committed a crime. This means that if someone else was presented with the same information, they would come to the same conclusion.

Reasonable grounds might include:

Reliable information about your involvement in criminal activity
Evidence you were at the place where a crime happened.

When making an arrest, the police must also:

Identify themselves as police officers
Tell you are being arrested
Tell you what crime they’re arresting you for
Have a valid reason for arresting you at that point in time.

Even someone suspected of a crime has a right to fair treatment. The police must not infringe on your rights by using their power to intimidate or hurt you.

Are the police allowed to use force?

The law recognises that police officers may need to use force, sometimes urgently, in order to protect themselves or others. Force can be lawful even where it causes injury.

However, any force used must be necessary and proportionate to the situation faced at the time. Where force goes beyond what is justified, or is used following an unlawful arrest, the courts may find that officers acted outside their legal powers.

If the police have used excessive force against you during an arrest, while in custody, or during any other interaction, you may be able to challenge their actions and seek compensation.

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What claims can I make against the police?

If an arrest or detention was not legally justified, you may have a claim for:

Wrongful arrest
False imprisonment (which can include the period from arrest, transport to the police station, and time spent in custody).

Depending on the circumstances, compensation may be available for:

Loss of earnings
Physical injury
Psychological harm
Medical treatment, rehabilitation or ongoing support.

Each case turns on its specific facts. Many cases require careful examination of police records, body worn video and custody documentation.

If you believe the police have acted unlawfully towards you, it’s important to get advice as soon as possible. Our specialist solicitors can talk you through your rights, assess whether your experience meets the legal criteria for a claim, and explain your options.

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We have the largest private client team in the UK; our team of experts are here to provide discreet legal advice to support you and your family.

Fiona McGhie

Partner

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Meet our experts

Fiona McGhie

Partner

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Frequently asked questions about wrongful arrest and false imprisonment claims

What is the IOPC?

The Independent Police Complaints Commission (IOPC) is an independent body set up to deal with complaints against the police.

It is accessible to the public, and you are entitled to submit a complaint without legal representation. Its role is to deal with complaints, investigate what happened, and ensure the right action is taken against the officer(s) concerned.

The IOPC deals with a huge volume of complaints, and usually only investigates the most serious ones. Any complaints that it receives which doesn’t meet its criteria will be sent to the relevant police force to investigate.

How long do I have to make a claim?

There are strict time limits in place. These are:

Wrongful arrest or false imprisonment - 6 years to make a claim
Personal injury - 3 years to make a claim
Claims under the Human Rights Act 1998 - claims should be within 12 months of the act complained of
Complaints against the police - 12 months to make a claim.

There may be exceptions if you are claiming on behalf of a child or bringing a claim on behalf of someone without the mental capacity to instruct solicitors themselves.

What’s the process for making a claim?

First of all, you’ll speak to one of our friendly contact centre on the phone. You can talk to them about your situation, and they'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 of solicitors will then 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.

Who can make a claim?

Anyone who believes they have been subjected to unlawful conduct 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.

Making an enquiry

We have several ways you can contact us, either by completing our online contact form, by phone, or using our live chat. If you start your journey online, here are the first steps to working together.

Complete our online form
We need a few details to understand your situation and the kind of support you need.
We’ll contact you by phone
On the call our experts will ask you a few more questions to make sure we connect you with the right legal advice from our team.
We arrange a full appointment
If we’re able to support you further, the next step is an appointment with one of our specialists so we can discuss everything in more detail.

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