CLAIMS AGAINST THE POLICE FAQS
Frequently Asked Questions
We list here the most commonly asked questions in relation to claims against the police. If you have any other questions please contact us using the information at the bottom of this page.
Can I sue the Police if I am acquitted/found not guilty of an offence?
Just because you are acquitted of an offence it does not automatically mean that you have a right of action against the Police. To sue the Police your claim must come within a "cause of action". The main causes of action are:
- assault
- false imprisonment/wrongful arrest
- malicious prosecution
- trespass
- trespass to goods
- negligence
- misfeasance in Public Office
- Human Rights
Can I get Legal Aid to sue the Police?
The term Legal Aid is no longer used. Since the introduction of the "Access to Justice Act" the provision of Public Funding is administered by the Legal Services Commission. Public Funding is available for Civil Actions Against the Police providing you are financially eligible and your case is one that is worthy of Public support. The Legal Services Commission will wish to consider, in almost all circumstances, the ratio of legal costs to potential damages before deciding whether a case is worthy of pursuit. However in certain circumstances, in cases with a "wider Public interest" it may be possible to obtain Public Funding in other cases.
If I cannot get Public Funding to sue the Police will it be expensive?
It is impossible to generalise about the costs involved in any civil action, let alone civil actions against the Police. Some of the causes of action are causes which can be heard before a civil jury. This can often mean hearings taking longer than you would otherwise anticipate. The result can be an increase in costs. It is unlikely that any civil action against the Police (unless dealt with in the Small Claims Court) could be concluded for less than £8,000.00.
How else could I fund an action against the Police?
It may be that you have the benefit of legal costs insurance through a pre-existing household policy. Many household policies today include legal costs insurance which enable you to take and/or defend actions in the Civil Courts. This should always be your first port of call. If you have difficulties in understanding the "small print" you should contact us immediately.
If you do not have the benefit of legal costs insurance within your household policy (or indeed a stand alone scheme) we may be able to assist you under a "no win no fee" agreement. These are technically referred to as Conditional Fee Agreements. This involves you entering into a contractual Agreement with ourselves whereby we are only paid if we are successful. Our costs are, however, paid by the Defendant's solicitors. You will almost certainly have to take out an insurance policy to cover the risk of losing and being ordered to pay the Defendant's costs. We can advise you about the likely premiums.
How long is the case likely to take?
When beginning an action against the Police we are obliged to give the Police and/or their legal advisors a reasonable time to investigate the claim against them. A reasonable time is considered by the Courts to be approximately three months. They are required during this period of time to investigate the case and to respond in detail to the allegations that have been made. If they reject your claim it is then, subject to funding, open to us to issue proceedings. It is likely that from the date when we write the formal letter before action to the date when the matter is concluded in Court will be approximately two years. There can often however be delays due to the difficulty of finding a date that all witnesses can attend.
Can I have a jury to hear my case?
You are entitled to have a jury hear your case in respect of claims involving false imprisonment and malicious prosecution. In all other cases juries are not available. However if your case features either false imprisonment or malicious prosecution together with other "causes of action" you will be entitled to a jury. You should be aware that involving a jury will almost certainly increase the length of the trial and thereby the costs.
What if I lose?
If you were to lose a civil action against the Police, the starting point as with all civil litigation is that the losing party pays the winner's costs. Therefore if you were to lose you could be ordered to pay the Police legal costs. If you have the benefit of a Public Funding Certificate you are afforded some protection. The Court can order an enquiry into your means in order to ascertain whether you are able to make any contribution towards the costs. Whilst this is technically possible it is still unusual. If you have the benefit of a Conditional Fee Agreement you will almost certainly have taken out an insurance policy to cover this eventuality. If, however, you have privately funded the action it is likely that the Police will seek to recover their costs from you. They can do this by pursuing the debt in the usual way. They could possibly obtain a charging order in respect of your home.
How much might I get?
The involvement of juries involved in assessing damages in claims against the Police has caused in the past a huge variation in the sums awarded.
This was, however, resolved to a certain extent by the landmark case of Commission of Police for the Metropolis -v- Thomson and Hugh. In this case the Court of Appeal was called upon to examine the damages awarded in two cases and in doing so gave guidelines as to the way in which juries should assess compensation.
The Master of the Rolls, Lord Woolf gave a judgment in which he made it clear that save in exceptional circumstances, the purpose of an award of damages is to compensate the Claimant rather than to punish the Police.
The Court confirmed that in addition to special damages (i.e. quantifiable financial losses - loss of earnings, damage to clothes, personal possession etc etc). The damages that could be awarded against the Police were made up of "basic" damages and "aggravated" damages.
The Court indicated that aggravated damages should only be awarded where there are "aggravating" circumstances. The Court concluded that in simple cases of false imprisonment or malicious prosecution the jury should be given a figure as a starting point and an approximate maximum figure. These are however only guidelines. The guidelines that were given by the Court are as follows:-
False imprisonment - £500.00 for the first hour of false imprisonment (with subsequent hours compensated on a reducing scale) up to a maximum of £3,000.00 for one day's false imprisonment (again with subsequent days compensated on a reducing scale).
Malicious prosecution - the Court indicated there should be a starting point of £2,000.00 for any malicious prosecution. If, however, the case was one that was pursued through the Crown Court and lasted for as long as two years the Court indicated that approximately £10,000.00 could be appropriate.
In circumstances where the conviction is set aside on appeal, it may be a larger award is appropriate to reflect the longer period involved.
The Court considered that in addition to the "basic damages" the jury could be asked to award "aggravated damages" in cases where the "basic damages" are insufficient to compensate the Claimant for the injuries suffered. The Court gave examples of aggravating features:
- humiliating circumstances at the time of arrest
- any highhanded, insulting or malicious behaviour relating either to the arrest, imprisonment or prosecution
- the way in which the litigation and trial are conducted
The Court also commented that aggravated damages, if appropriate, are likely to be less than £1,000.00 and are likely to be "as much as twice the basis damages except perhaps where on the particular facts the basic damages are modest".
In addition to basic and aggravated damages the Court of Appeal also gave guidance on "exemplary damages".
Exemplary damages are rarely/exceptionally used and are used for the purpose of punishing the Defendant rather than compensating the Claimant. They are appropriate where the conduct of the Police has been oppressive and which deserves the exceptional remedy of exemplary damages. Exemplary damages should only be awarded if the Court considers that compensation awarded by way of basic and aggravated damages is an inadequate punishment for the Defendants. Exemplary damages are unlikely to be less than £5,000.00 and the Court of Appeal directed that the conduct must be "particularly deserving of condemnation" for an award of as much as £25,000.00. The Court of Appeal went on to say that £15,000.00 should be the absolute maximum involving directly Officers of at least the rank of Superintendent.
What if I decide not to sue the Police?
If you feel you have a genuine grievance but do not wish to or have been advised that you do not have a case to sue the Police it is possible to pursue your complaint through the formal complaints system. There are three ways in which your complaint may be dealt with:-
- informal resolution (of the least serious allegations)
- formal investigation (for more serious allegations that might lead to disciplinary action or criminal charges)
- supervised formal investigation (for the most serious cases)
The Police Complaints Authority has two main functions, to supervise the investigation of serious cases and to supervise the bringing or consideration of disciplinary or criminal charges in all cases other than that that are informally resolved. We can help you formulate your complaint to the Police.
FREE ENQUIRY
For free confidential advice about making a claim against the police please call us on 01243 786 668 or complete our online enquiry form.