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Posted on November 14, 2008 by Arthor Pens | Posted under Legal
UK Compensation For Wrongful Arrest
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POLICE There are circumstances where an individual can sue the police for compensation. Legal aid may be available to take action in the civil courts for wrongful arrest, assault by the police, malicious prosecution and breach of civil liberties. The primary instances where police may be found liable to pay compensation are as follows:- Wrongful Arrest Also called unlawful arrest this involves being arrested and detained on false charges when the police act outside of their legitimate powers and may result in damages being payable to the victim. Wrongful arrest can occur when a prisoner has not been subjected to lawful arrest or when a suspect's personal liberties have been interfered with. A police officer must have reasonable grounds for arresting a suspect failing which the police officer may be liable to pay damages for false imprisonment. Assault When executing their duties, the police are entitled to use reasonable force. If the police use excessive force it may be possible to pursue civil action for compensation. Claims of assault against the police usually involve an allegation of actual bodily harm which can include cases where there have been illegal body searches and may involve wrongful arrest or false imprisonment. Malicious Prosecution Malicious prosecution occurs when the police have no reasonable cause to prosecute a person, but they do so anyway. To be awarded compensation, the following must be proved:- 1.) the wrongful arrest occurred without reasonable cause 2.) the persons's reputation was damaged by prosecution 3.) the police acted maliciously Human Rights The police have a duty to not breach the liberties of ordinary citizens, as is stated in The Human Rights Act 1998. which gives statutory force to the European Convention on Human Rights. THE GOVERNMENT Suspects who have suffered miscarriages of justice or who have been wrongfully convicted or charged may be eligible for compensation. Damages may be made payable when a convicted person is pardoned or has his or her conviction reversed. There have been numerous substantial awards for people pardoned after spending many years in prison due to miscarriages of justice. About The Author: The author is a well known legal writer who operates http://www.actusre.us which is dedicated to claiming compensation for personal injury from the UK Criminal Injuries Compensation Authority on behalf of the victims of violent crime. |
Tags: UK COMPENSATION. WRONGFUL ARREST
