SUING THE COPS
This is a transcript of a leaflet we produced about how, and what, you can sue the police for. If, after reading the
leaflet you want further details, or addresses of decent solcitors (sorry but London solicitors only), or "real" copies
of the leaflet then contact us - our details are on the home page of this web site.
A growing number of people are now suing the police for damages in court instead of making a complaint against the police.
Two reasons for this are (1) if you are successful you get financial compensation (cash) and (2) people are realising that
taking out a complaint against the police rarely succeeds.
Have you been a victim of police misconduct and want to know if you can take them to court? This leaflet gives you an idea
about whether you can take the matter further and what you should do next.
Obviously your chances of succeeding in suing the police are better if you have witnesses supporting your claims and any
other evidence to back up your case. It may be difficult to win if it is just your word against theirs.
WHAT CAN I SUE FOR?
Most people want to sue the police because they have been wrongly arrested, assaulted by the police or prosecuted for
something they didn't do. Here are some things you should know about these types of action:-
WRONGFUL ARREST
Unlawful arrest and detention is called false imprisonment. The police must justify any arrest and detention, so if you
think the police have acted outside their powers it is worthwhile getting further advice. False imprisonment can happen
on the street, in your home, in a police vehicle and of course at the police station - in fact any place where the police
control your freedom.
ASSAULT
This is much wider than many people think. You are assulted as soon as someone touches you without a lawful reason to do
so, and when they put you in fear of violence. Of course, it includes being punched and kicked and being subjected to
illegal body searches. If you are assulted by the police it is important to see a doctor (at casualty or your GP) straight
away and for the injuries to be noted. You should also take photos of any injuries, if possible.
PROSECUTION FOR
SOMETHING I DIDN'T DO
This is called malicious prosecution. You have to prove that the police had no reasonable cause to prosecute you and that
they had a "wrongful motive" in doing so. You also usually have to win your case, which means either (a) any charges were
dropped before the case went to court, or (b) you accepted a bind-over at court before the case starts, or (c) you were
acquitted (found innocent) in court.
OTHER COMPLAINTS
You can also sue the police for negligence, trespass to land and goods, and a few other civil wrongs. It may also be
possible to make a police complaint about some misconduct about which you cannot sue. If you feel any of these apply
to you, you should talk to a solicitor, or advice or law centre.
WHAT KIND OF COURT CASE WILL IT BE ?
Suing the police takes place in the normal civil courts such as the County Courts or High Courts. It's similar to other
kinds of civil cases except that there can be a jury (as well as a judge) in cases for false imprisonment and malicious
prosecution. You are suing the police for compensation for the wrongs done to you. It may though take 2 or 3 years for
the matter to get to court. It is unlikely that any police officer will be punished as a result. For this to happen you
would also have to take a complaint out against the police officer(s) through the Police Complaints Authority. Again
speak to a solicitor, advice or law centre, before you do this.
HOW MUCH COULD I WIN ?
It is very difficult to say because IF the case goes as far as the court, it is up to the jury to decide. However in a
large number of cases the police pay up before the case goes to court, as they realise they probably won't win. Either
way, some awardscan be for thousands of pounds (see boxes). In 1993/4 the Metropolitan Police set aside £8.9 million to
cover the cost of compenstaion payments and associated legal fees for alleged cases of micounduct by the police
(Time Out - issue 1184 - aprol/May 1993).
Case 1
A black community activist accepted £50,000 and costs (believed to be around £70,000), to settle his action, out of court,
for false imprisonment, assult and battery and malicious prosecution, from the Metropolitian Police. It is one of the
largest settlements and resulted from a police raid on a restaurant and community centre in Notting Hill, West London in
May 1988. During the raid the man was kept face-down on the floor for twenty minutes with two policemen sitting on his
back and another with his foot on his head.
Guardian 13.10.92 & Independant 13.10.92
Case 2
In January 1989 a 73 year woman, was assaulted, maliciously prosecuted and falsely imprisoned by the police after her
husband was arrested at their home in East London following a minor traffic accident. The woman was pulled to the ground
and held down by three officers when she tried to give her husband his diabetes tablets. At the police station she was
searched and charged with assault, but the charges were dropped. She sued the Metropolitan Police in a civil action and
her award included £20,000 for the assault, £15,000 for malicious prosecution and £15,000 for false imprisonmnet.
Reported in the Guardian, Independant and Hackney Gazette.
WHAT ARE THE COSTS OF SUING THE POLICE ?
Legal Aid is normally available for these cases if you are not working, or on a very low income, or have high financial
commitments. Legal Aid usually gives you an insurance against paying the legal costs of the police if you lose.
Law Centres who do this kind of work can do so for free if you cannot get legal aid.
HOW LONG HAVE
I GOT TO START A CASE ?
Three years for assult resulting in personal injury, six years for everything else. But of course you should start as soon
as possible.
WHAT SHOULD I DO NEXT ?
You should write down the facts of the incident as soon as possible, including as much detail as you can about the police
officers involved. You should see a doctor if you have any injuries. Speak to a firm of solicitors, but TRY to us
|
