Civil Actions Against The Police

What Can I Sue The Police For?

The types of claims or causes and action you may sue the Police for include:-

False Imprisonment

This is the complete deprivation of liberty for any time, however short, without lawful justification. A false imprisonment may arise in the following situations:

  1. Where a person is unlawfully detained, short of arrest, for example, a stop and search;
  2. When a person is arrested but no power of arrest existed or the person was arrested under the wrong power of arrest;
  3. Where a person when arrested is not informed of the reason for his arrest when this is practical to do so;
  4. When a person who is arrested is given a wrong or inadequate reason for his arrest; or
  5. Where a person is detained in custody for longer than was reasonably necessary or where he was detained in breach of the provisions of Part IV of Police And Criminal Evidence Act 1984 (the provisions that deal with a prisoners detention at a Police Station).

Once it has been established that there has been a detention, the burden is on the police to establish that there was lawful justification to detain the individual.

Battery/Assault

A battery is the direct and intentional application of force to a person without lawful justification. In the context of police civil actions, a battery can occur in the following circumstances:

  1. Any force used to falsely imprison a person; or
  2. Use of unreasonable force by a Police Officer.

Therefore, even if the arrest of an individual is lawful, the individual may still have a claim for battery if the force used to make the arrest was not reasonable.

An assault is an act which directly and intentionally causes a person to reasonably apprehend that a battery is about to be inflicted upon him by another person. In the context of civil actions the term assault is commonly used to cover a battery. It is however possible to be assaulted where no battery takes place, for example, if a Police Officer strikes out at another with his truncheon and misses.

Trespass to Property

Trespass to land occurs when someone enters land or property or remains there without lawful authority. Once it is established that the police have entered someone's property or land it will be for the police to prove that they had lawful justification for doing so. They will have to do this by establishing that they had a power to enter onto the land pursuant to their common law or statutory powers or pursuant to a lawful search warrant.

Trespass to Goods

Trespass to goods is the unlawful direct interference with the goods of another. This could include damage to goods such as damage to a front door when police officers make a forcible entry, the seizure of goods, or even the mere touching of goods. Once the individual establishes that there has been a trespass to his goods, the police must provide a lawful justification.

Conversion

A conversion occurs where there has been a deprivation of possession of goods to such an extent it has to be inconsistent with the right of the owner. Claims in conversion usually arise where the police have seized the individual's goods and refuse to return them.

Malicious Prosecution

This occurs when an individual alleges that he has been maliciously prosecuted. The burden of proof is on the individual bringing a claim. To succeed in this tort, the individual must prove five things:

  1. . That he has sustained damage - this may be damage to his reputation, the threat of imprisonment or expense in defending oneself in the criminal proceedings;
  2. That he was prosecuted by the police - that is to say that the law was set in motion against him on a criminal charge;
  3. The prosecution was terminated in his favour - this will include where the charge is withdrawn or where the individual is acquitted at Court;
  4. The prosecution was without reasonable and probable cause; and
  5. The prosecution was malicious.

To establish that the prosecution was without reasonable and probable cause you have essentially to show that you were not guilty of the offence you were charged with and the prosecution should have known you were not guilty. To show that the prosecution was malicious you will have to show that the Police prosecuted you because of an improper motive.

Other causes of action include:

  • Misfeasance in public office;
  • Conspiracy to injure;
  • Abuse of process;
  • Maliciously procuring a search warrant;
  • Negligence;
  • Claims under the Human Rights Act 1998 for breaches of the European Convention of Human Rights;
  • Harassment;
  • Breach of confidence;
  • A claim under the Race Relations Act 1976 (as amended).

How Do I Sue?

Your claim will arise out of an incident with an individual police officer from a particular police force. However, the person that you should sue is the Chief Officer of the police force to which that individual officer is attached. In the case of the Metropolitan Police, this would be the Commissioner of Police for the Metropolis and in the case of other police forces this would be the Chief Constable. The reason why the Commissioner or the Chief Constable is sued is because they are in law responsible for the actions of the serving officers in their force. You would only need to sue the individual officers if the Commissioner or the Chief Constable state that the police officer was not acting in the performance of his duties when he arrested/assaulted you.

How Much Compensation Will I Get?

The main purpose of bringing a civil claim against the police is to obtain compensation for the unlawful actions of the police. The damages may comprise:-

Basic damages

These are ordinary damages that will be awarded if you succeed in your claim.

Aggravated damages

These are additional damages which the Court may award as compensation if as a result of the police misconduct you suffered humiliation or loss of dignity.

Exemplary damages

These are damages which a Court may award which go beyond compensating your actual loss and are awarded to show the Courts disapproval of the police officers' behaviour.

Special Damages

In appropriate cases you may be able to claim what are called "special damages". These are damages where the conduct of the police has caused you an identifiable loss. For example, in an assault case you may have ripped your clothing or because of the injuries you were unable to go to work and have lost income. You can claim for these losses.

It is very important that you retain any documents that prove you have sustained any such losses. We will need copies of these documents at the start of your case.

The circumstances of each case are different and therefore it is not possible in this guide to provide you with the likely damages you would receive if you were successful.

How Long Have I Got to Claim?

There are strict time limits in which an action has to be commenced. This means that the claim has to be issued at Court:-

  • False Imprisonment - within 6 years
  • Assault and Battery - within 6 years
  • Malicious Prosecution - within 6 years
  • Trespass to Land - within 6 years
  • Trespass of Goods - within 6 years
  • Conversion - within 6 years
  • Negligence - within 6 years
  • Negligence, Nuisance or Breach of Duty causing Personal Injury - within 3 years
  • Human Rights Act 1998 Claim - within 1 year
  • Race Relations Act Claim - within 6 months

If you do not observe the time limits then you will be barred from bringing a claim.
You should obtain advice as soon as you think you have a claim. The sooner the claim is dealt with the better.
It is important to preserve and gather the evidence at an early stage.

Will I Have to Give Evidence At Court?

If you wish to proceed with your claim and the Police do not make an offer to settle your claim which is acceptable to you then you will have to attend Court to give evidence. However, in some cases the police do make offers to settle claims both before and after proceedings have commenced. Similarly, you can make an offer to the Police to settle your case if you wish. This is called a Part 36 offer.

What Happens Next?

Set out below are the steps that your case may go through before it reaches trial:

The Letter of Claim

The letter should be sent to the police and contain a clear summary of the facts on which the claim is based. This is a very important document because it sets out the nature of your case. It is essential that it is accurate because it may be referred to in Court at a later date and any errors contained within it could be detrimental to your case.

The Police should acknowledge receipt of the Letter of Claim within 21 days from the date it was sent. Thereafter they will have a period of 3 months in which to investigate your claim. After that date the Police should let you know whether liability is admitted or whether liability is denied:

  • If liability is denied the Police should set out their reasons for denying liability and provide copies of any relevant documents in their possession which should be disclosed under the current Civil Procedure Rules;
  • If liability is admitted the Police will attempt to settle your claim. Unfortunately, sometimes the Police do not respond within the 3 month period.

Documents for Court and Court Procedure

Particulars of Claim

If your claim does not settle, proceedings can be issued at Court by completing and filing a Claim Form and Particulars of Claim. Normally proceedings are issued in the County Court but sometimes proceedings may be issued in the High Court.

If you sustained any injury you will also have to file at Court a medical report. If you have sustained any financial losses then the Schedule of Special Damages will also have to be filed.

It is very important that the Claim Form and the Particulars of Claim are correct because these documents state your case that goes before the Court. It will set out your allegations in more detail than the Letter of Claim and must state exactly what happened to you. The details should be full and accurate.

If you later wish to include something in your claim which is not in the Particulars of Claim then you will not be able to do this unless the Court gives permission. You will have to sign a Statement of Truth on both the Claim Form and the Particulars of Claim. By signing the Statement of Truth you are confirming that the facts set out in the Particulars of Claim are true. Proceedings for Contempt of Court may be brought against a person if (s)he makes or causes to be made a statement in the document without an honest belief in its truth. It is therefore important that you read the Particulars of Claim very carefully before signing.

The Claim Form and Particulars of Claim will be issued at Court and served upon the Police. The Police should file a document called a Defence within 28 days after the Court serves the documents on the Police. Invariably the Police will ask for an extension of time in which to file the Defence and as long as the request is reasonable we will grant the extension.

Defence

The Defence will state which allegations of the Particulars of Claim are denied, which allegations that the Police do not admit or deny but which you are required to prove, and which allegations that the Police admit. If the Police require you to clarify or provide further details of matters in the Particulars of Claim, they will make a request. Similarly you can ask for clarification of more details of matters set out in the Defence.

Court Directions

You and the other side will submit information to the Court to enable it to decide upon which Court track the case should be placed and what directions should be given as to the conduct of the case.
Generally, because claims against the Police are complicated, the matter will be allocated to the multi-track. The directions include orders what documents be disclosed, witness statements be exchanged and when the trial will be heard. Sometimes you will have to attend Court to obtain the decision at what is called a Case Management Conference, which is before a Judge and the opponent's Solicitor will attend. No police officer or the Chief Constable will be requested to attend.
On other occasions the Court will issue directions without any attendance at Court.

Jury Trial

If your claim includes a claim for False Imprisonment or Malicious Prosecution, then you have a right to have your case heard before the Judge sitting with a Jury as opposed to having your case heard before a Judge sitting alone such as in assault cases. People tend to believe that a Jury will be more sympathetic towards a Claimant and a Judge will be more likely to accept the evidence of the Police Officers. However, there is no evidence to support this. When Juries hear cases there is always an element of unpredictability. If you wish to apply for a Jury Trial you must apply to the court within 28 days of the date the Defence is served.

Disclosure

The Court will direct that the parties state whether any relevant documents exist or have existed. Copies of any relevant documents will then be sent by one party of the proceedings to the other party and vice versa. The parties are under a duty to disclose any documents on which they rely, and documents which adversely affect their own case, and adversely affect the other parties' case or support another parties' case. To carry out the process of disclosure it will be necessary for you to sign the Disclosure Statement on the List of Documents. The Disclosure Statement will confirm that you have carried out a reasonable and proportionate search to locate any relevant documents. Proceedings for contempt of court may be brought against a person if (s)he makes or causes to be made any false declarations and which are made without an honest belief in its truth.

It is unlikely that you will be in possession of a great deal of documents but you may have the following:

  1. Photographs of any injuries you sustained
  2. Hospital records
  3. General practitioners records
  4. Earnings details
  5. Receipts, estimates and invoices in respect of damage to goods

Under Article 8 of the European Convention of Human Rights you have a right of respect of your private and family life, your home and correspondence. This right can extend to maintaining the privacy of your medical records. However, under Article 6 of the same Convention the Police have a right to a fair trial.

Witness Statements

Another direction that the Court will make is for the exchange of witness statements. These will set out the evidence that will be your "evidence in chief" at Court. Basically, if your have to give evidence, or your witnesses are required to give evidence, the Court will rely on this document as the basis of your case.
Again it is vitally important that the contents of the witness statements are accurate and it includes all matters that you wish to give evidence about. You will be required to sign the Statement of Truth attached to the witness statement. You should only sign the witness statement if you have an honest belief in the contents of the statement or you may commit a contempt of court. The witness statements will be exchanged with the Police so that you will be able to see what their witnesses say.

Trial

At trial after the opening speeches, and in some cases legal argument, you and any witnesses that you have will give evidence first. The Police Officers and any witnesses that support their case give evidence after you have presented your case. It all depends upon the Judge whether he directs that the witness's evidence in the witness statement stands as the "witness's evidence in chief". If this is the case you and all the witnesses will be cross-examined by the other side on that statement instead of simply reading out the witness statement. In those circumstances you will be asked if you confirm the contents of the statement. You may then be briefly questioned by your Advocate to clarify any other issues. Each witness has to give their account independently at Court. After you have been questioned by the police's Advocate, your Advocate will be able to ask you further questions on the issues borne out of the cross-examination only. This may not be necessary.

When all the evidence is complete your Advocate will make a closing speech to the Court. The Advocate instructed by the police will do the same. If a Judge is sitting alone he will decide the case. If a Jury are also sitting and the Judge requests their assistance he will sum up the evidence to the Jury and ask them to answer disputed facts. The answers to the disputed facts will review who has succeeded in your case. If you are successful the amount of compensation will be decided by the Court.

What If I Am Given Compensation?

Once the trial has been concluded and where you have been successful, it is likely that the costs incurred will need to be assessed by the Court before the police will pay them. This can take a number of months, especially where negotiates take place before proceeding to a full assessment by the Court.

You should also be aware if you are claiming welfare benefits then, depending on the level of your compensation, it could affect the receipt of any benefits you get from the DSS.

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