Certain criteria generally has to be met before Police may legitimately arrest a suspect, even if the person has committed the offence. Wrongful arrest claims can usually be lodged in the event that you are arrested or imprisoned for a minor offence that should have been dealt with by means of a Court Attendance Notice. Even though you may be guilty of the offence, you may still be entitled to claim wrongful arrest.
If you have been acquitted (found innocent) of charges relating to:
- resisting arrest;
- police hindrance;
- or assaulting police for acting outside of the execution of their duties, you may have a claim for wrongful arrest or false imprisonment. If that is the cause, you may be eligible to claim damages for the arrest and detention in custody.
Examples of Wrongful Arrest
Wrongful arrest includes cases in which you:
- are arrested for possession when you carry a small amount of a prohibited drug.
- are acquitted of an offence that was not properly investigated before you were arrested.
- are being arrested and released without being given bail conditions.
- are being called to the station for a "chat" and being arrested when you go there voluntarily.
- present yourself to the station after an offices leaves a message for you.
- are arrested for having an "attitude" and no other reason.
- are arrested so that you can be interviewed or identified.
- are arrested despite the police knowing who you are, where you live and where they could have served a Court Attendance Notice instead.
- are handled with excessive force during an otherwise lawful arrest.
- are arrested since the police mistakenly thought they had a warrant for your arrest.
- are arrested shortly after an incident, with no concern for the victims or witnesses.
This is just a small sampling of possible scenarios which could make you eligible for a wrongful arrest claim.
Remember, even if you are guilty of the offence, you may still have been wrongfully arrested. It would be in your own best interest to get in touch with Paramount Compensation Lawyers right away, so that we can assist you with our no win, no fee wrongful arrest legal advice.