Civil & Commercial

Being cleared is not always the end of it.

Civil claims against the police for wrongful arrest, false imprisonment, excessive force and malicious prosecution.

Wrongful arrest and false imprisonment

An arrest is only lawful where the officer has reasonable grounds for suspicion and the arrest is genuinely necessary, as set out under the Police and Criminal Evidence Act 1984. Where those conditions are not met, the arrest, and any detention that follows it, can give rise to a claim for wrongful arrest and false imprisonment, regardless of whether charges were ever brought.

Excessive force

Officers are entitled to use reasonable force, but no more than the situation genuinely requires. Where restraint, handling or the use of equipment goes beyond what was necessary, that can amount to an assault or battery, a separate claim from the legality of the arrest itself.

Malicious prosecution

Where a prosecution was brought without reasonable or probable cause, and ended in the defendant's favour, a claim for malicious prosecution may be available. It is a demanding claim to prove, since genuine malice or a lack of honest belief in guilt has to be shown, not simply that the case was eventually dropped.

The complaint and the claim are different things

A complaint to the police, or a referral to the Independent Office for Police Conduct, is a separate process from a civil claim, and the two can run alongside each other. A complaint can secure an apology, disciplinary action or a formal finding, but only a civil claim results in compensation, and the standard of proof and the process are entirely different.

Timing and evidence

Claims for assault generally have to be brought within three years, while claims for false imprisonment generally have six, but body-worn video, custody records and CCTV are not kept indefinitely. The practical window for gathering strong evidence is often much shorter than the legal limitation period, which is why early advice matters even where there is no immediate deadline.

COMPLAINT, CLAIM OR PUBLIC-LAW CHALLENGE?

Different routes achieve different outcomes

A complaint about police conduct, a civil claim for compensation and a public-law challenge are not the same thing. The correct route depends on what happened, the remedy required and any deadline. A complaint may address conduct and organisational learning; a civil claim may seek damages or other relief; judicial review may challenge the lawfulness of a public decision where no adequate alternative remedy exists.

Police complaints

Most complaints are initially handled by the police force or relevant organisation. The Independent Office for Police Conduct oversees the complaints system and independently investigates the most serious and sensitive matters. A complaint can be important evidence, but the complaints process does not itself determine a compensation claim.

Civil claims

Potential civil causes of action can include false imprisonment, assault or battery, negligence, misfeasance in public office, malicious prosecution in appropriate circumstances and claims under the Human Rights Act 1998. The legal elements and limitation periods differ, so the cause of action must be identified accurately.

Evidence

Preserve custody records, body-worn video references, photographs, medical records, complaint correspondence, witness details, call logs, charge or disposal documents and any material showing financial or psychological loss. Early preservation requests can matter where video or digital records may otherwise be overwritten.

Public-law remedies

Where the real issue is the lawfulness of a decision by a police force or oversight body, judicial review may be relevant. Judicial review is not a rehearing of the merits and strict time limits apply, so it should be considered separately from a conduct complaint.

Frequently asked questions

Do I have to complain before bringing a civil claim?
Not in every case. The complaints process and civil litigation are distinct. However, complaint material can become evidentially relevant and the tactical interaction between the two routes should be considered.

Does the IOPC award compensation?
No. The IOPC oversees the complaints system and investigates specified matters; compensation claims are pursued separately against the relevant defendant.

Is there a time limit for a police complaint?
There is no absolute time limit for making a complaint, but where the incident is more than 12 months old the delay should be explained. Civil and public-law claims have separate limitation rules and should not be delayed because a complaint is ongoing.

Can body-worn video be obtained?
Potentially. The correct route depends on whether there are criminal proceedings, a complaint, civil litigation or another lawful basis for disclosure. Preservation should be considered early.

What if the complaint outcome is wrong?
A review may be available depending on who is the relevant review body. In some cases a final public-law decision may be challengeable only through judicial review.

A complaint should not be allowed to obscure a separate litigation deadline. Where compensation or judicial review is being considered, limitation and urgency should be assessed independently at the outset.