Wrongful Arrest

If you feel that you were at any time arrested wrongfully by the police and held unlawfully in custody then it is advisable for you try and obtain expert legal advice. Also if you are of the opinion that you have been assaulted by the Police who might have used extreme force when making the arrest or perhaps they are bringing criminal action against you vindictively then you should consider making a claim for wrongful arrest compensation.

Should a police officer have realistic justifications for concluding that an offence has been committed and requires an arrest they are allowed to do so without a warrant on valid grounds. In order to make such a deliberation the following questions have to be asked.
Did the police officer use caution when making the arrest and was there a believable basis for that notion.

Should the arrest be unjustified and custody follows, it is possible that a realistic claim for compensation may be in order. Assuming the arrest is lawful it is still possible that custody might be against the law if the period of time of custody is longer than reasonable and if the police have not abided by the comprehensive and complicated services of the Police and Criminal Evidence Act 1984.

An applicant has to be able to demonstrate that a police officer had assaulted them. If unreasonable force was used during the arrest it is necessary to prove this and hence a possibility of detecting an assault had indeed taken place.

When making an arrest some officers have the use of a police dog. The police offers is required to issue a warning prior to releasing a dog. It is possible that a police dog could behave rather more enthusiastically than expected, and bite, instead of merely barking and alarming a possible suspect. Should the dog bite a suspect it must be ascertained that the dog handler had wanted the dog to attack and had anticipated the dog to react other than according with the dogs training.

Cases were it is believed malicious prosecution has occurred must be proved that the Police/Crown Prosecution Service prosecuted without reasonable and probable cause, and that such events were begun or prolonged maliciously. Any criminal proceedings eventually should be decided in the Claimant’s favor as a prerequisite to the claim. Also a Claimant should have received some identifiable harm to have a realistic claim.

It is possible to make a request for compensation to the Home Secretary, who will in certain situations pay compensation to anyone mistakenly found guilty of a criminal offence.
The most probable result of a police claim is to be granted damages. Rarely is an apology given.

There are three different classifications of compensation. Aggravated Damages for wounded pride. Basic Damages which is a sum of money aimed at compensating the claimant and Exemplary Damages aimed to punish the behavior of an officer found to be groundless, harsh or unconstitutional.