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As we all know the Police are there to protect us. But sometimes things go wrong for a whole variety of reasons – a collision when answering an emergency call, an injury sustained during the course of an arrest, and on rare occasions, a deliberate assault. Complicating factors will apply in such cases such as the involvement of the Independent Police Complaints Commission. Compensation has to be assessed in the same way as in other types of accident cases and no deduction will be made if you have had problems with the Police before or as a result of the event during which the injury occurred.
You can claim damages against the police in the UK for a variety of reasons including compensation for assault and battery by a police officer, wrongful arrest, unlawful detention and malicious prosecution.
You might expect prosecuting the police to be difficult, if not impossible, but the law is very fair when it comes to matters of liberty and protection.
There are a number of instances in which you can take action against the police as a result of their inappropriate behaviour.
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:
- Any force used to falsely imprison a person; or
- 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.
If you consider that you have a potential claim for compensation arising as a result of actions by the police then contact us for free legal advice.