Assistant SolicitorView profile
What we specialise in.
Police misconduct is often sudden, unexpected and life-changing for those on the receiving end. Many people are bewildered and then shocked at the extent by which the Police are then prepared to protect their own interests against those they are sworn to protect.
Often we are contacted from people who are not interested in claiming money from the police but rather they wish to ensure that others do not suffer the same distress that they have from the actions of the police. A police complaint can achieve an apology, an explanation or disciplinary action being taken against the police officers concerned. It can result in the police officer admitting their wrong doing and advice and further training being recommended so that the same situation does not occur again. In some circumstances, a complaint will result in the police taking pro active action ie. by deleting clients data from the police databases or investigating a crime. A police complaint can be a first step in the procedure for claiming compensation from the police.
Most complaints are dealt with locally by the police force involved. You can make a complaint by approaching the local police station or by using the online form. Once you have done so, the police have a duty to record the complaint under the Police Reform Act 2002 and a senior officer will then be appointed to investigate the matter. If the police refuse to record the complaint, you may have a right to appeal to the IPCC. The Investigating Officer will then contact you to discuss the complaints procedure you and they should also discuss with you what you are looking to achieve by making the complaint. You may wish to receive an apology, an explanation, for certain action to be taken or for disciplinary action to be taken.
There are 2 ways of dealing with a police complaint:
This is a way of dealing with complaints that are not considered to be serious. It will usually involve the Investigating Officer meeting with you to discuss the complaints procedure and to obtain your consent to investigating the matter through Local Resolution. The Investigating Officer will usually agree with you a plan to investigate the matter. Following his investigation, he will usually arrange to meet with you again to let you know the outcome of his enquiries. He may also locally resolve your complaint by providing you with an explanation, an apology on behalf of the force (he will not be in a position to apologise for an individual officer as this must come from the officer himself), and/or arrange for force policy/procedures to be changed.
An important point to know about Local Resolution is that if you have agreed to this process and you disagree with the outcome of the complaint, you will NOT have any right of appeal to the IPCC.
The advantage of Local Resolution is that it is often a fairly quick way of resolving the complaints process. If you wish to apply for legal aid to pursue a civil claim and are not overly concerned with the outcome of the complaint aspect then this may be a consideration. However, you should know that Local Resolution will not result in any formal disciplinary action being taken.
As with Local Resolution, we can help you with drafting a letter of complaint. The Investigating Officer should then discuss with you how the complaint will be investigated. Normally they will ask you to provide a detailed statement outlining what has happened and summarising your complaints. They will carry out an investigation which could take up to one year to carry out – they should keep you informed of progress. Once they have completed the investigation, they will normally send you the Investigating Officers report and if appropriate, any recommendations for disciplinary action to be taken. If you disagree with the outcome, you do have a right of appeal to the IPCC.
Normally, a police complaint has to be made within 1 year from the date of the incident giving rise to the complaint.
The procedure for pursuing a civil claim against the police is governed by the civil procedure rules. The procedure is started by serving a formal Letter of Claim on the Chief Constable of the police force that you are complaining about. The police will then have 21 days to acknowledge receipt of this letter and 3 months thereafter to investigate the matter and provide a formal response on liability. If liability is accepted, you can then look to negotiate a settlement. If liability is denied, the next step would be to issue court proceedings in your local County Court.
Normally, a claimant (the person bringing the claim) has 6 years to issue court proceedings from the date giving rise to the claim ie date of arrest. This time limit is reduced to 3 years where the person is alleging that he has suffered personal injuries as a consequence of the incident. A claim under the Human Rights Act 1998 should be brought within 1 year.
Once a claim has been issued, it would normally proceed to a trial around 9-12 months later. Before this, witness statements, medical evidence and any other relevant documentation will be exchanged.
In order to pursue a claim, you must have a cause of action in law. Examples of these would be Assault or Malicious Prosecution.
The police in England and Wales have fairly extensive powers to arrest and detain people. However, they can still get this wrong and false imprisonment (which is sometimes known as unlawful arrest) occurs usually where the police make an arrest which cannot be lawfully justified. The test for arresting a person is whether the arresting officer has reasonable grounds to suspect you are involved in a crime for which an arrest is necessary.
Examples of claims:
You may have been prosecuted for an offence and acquitted and there is evidence that the police did not have enough evidence in the first place to charge you and therefore, that they did not have an honest belief in your guilt. If so, you may have a claim for malicious prosecution. You may believe that the police may have fabricated evidence to cover up serious wrongdoing or failings on their part. These cases can be complex as it is necessary not only to prove what the police have done but also their motive for doing so.
An assault or battery may have occurred if the police have used 1) unlawful force or 2) excessive or unreasonable force when arresting or restraining you.
Example of claim:
The police hold lots of sensitive information about arrests and convictions which they will provide to potential employers when an application is made for a Criminal Records Bureau check and also relied on when visa applications are considered.
A complaint may arise if it comes to light that the data held is inaccurate or provided to third parties without your consent or where certain safeguards are not complied with. The consequences of data protection breaches are often serious with a person being refused a job or being sacked by their employer, being refused visa clearance, being evicted from their house or their character being questioned in their local community.
This area also impacts on Article 8 of the Human Rights Act if you can show that your right to private and family life has been breached. If you can show that you have suffered actual financial loss as a consequence of the breach, you may be able to claim compensation.
The police do have powers to stop and search but only in certain conditions. An officer must have reasonable suspicion that the person they are stopping is carrying a stolen or prohibited item. Police officers are under an obligation to provide certain information to the person being searched. This includes the officer’s name, their shoulder number or the station they are based at, the law the search is based on, the reason for the search, what they are looking for and why they have chosen to search you. They should not ask you to remove more than the outer layers of clothing in view of the public and cannot usually ask you to provide your name or address.
If these requirements are not complied with, the search is likely to be unlawful. Further the search may lead to force being used if you decide not to cooperate or handcuffs being used. It can sometimes lead to you being arrested for an offence such as obstructing a constable. If so, you may also be able to claim for additional causes of action such as assault and false imprisonment.
There can also be a claim for an unlawful search on land if police officers have entered a house or garden without permission or a warrant or any other lawful justification. In some cases, it is possible to show that whilst the police may have entered under lawful authority, if they have committed a trespass ie by assaulting the owner whilst conducting the search, the entire search can be deemed to be unlawful.
There will be a potential claim where goods are damaged by the direct and deliberate actions of police officers, where they lose goods they have seized and where they refuse to return goods which they have seized which they no longer require for the purpose of their investigation.
The right to protest is a fundamental democratic right. The Human Rights Act protects the right of freedom of expression and freedom of assembly. We can also advise on the statutory and common law restraints on the police when dealing with protests.
If a police officer knowingly or recklessly abuses their powers or commits an act intended to injure you then you may have a claim for misfeasance.
Examples of claims: