False imprisonment claims arise where there has been complete restraint of a person’s liberty without lawful excuse
We specialise in pursuing false imprisonment claims.
Where there has been an unlawful arrest the consequence is that the police do not have legal authority to detain that individual. So, when someone has been wrongly arrested, this will amount to false imprisonment for which compensation may be available.
False imprisonment can also arise where the police detain someone in custody longer than they are entitled to do so. Under the law of England and Wales the police can usually detail an arrested individual for up to 24 hours without charging them. If they have not been charged within that 24 period, then the individual should be released.
This time limit can be extended where the detained person is suspected of committing a serious crime or has been arrested under the Terrorism Act.
The place of detention is not relevant to the right to make a claim. So false imprisonment can involve detainment in a car, in the street, or even in your own home. However, the restraint on freedom of liberty must be total in that they are prevented from leaving a defined area.
A person can be falsely imprisoned even if they are moved from one location to another.
The means of detention do not have to be physical. It is enough for the person to be detained merely by a threat of force. So, a police officer saying, “you are under arrest”, will be sufficient for imprisonment to arise.
A false imprisonment claim against the police can also arise where an arrest has not been made. This includes unlawful stop and search, or where an individual has been informally restricted to a confined space for questioning.
Although there is no minimum period of confinement for a claim to be made, the amount of compensation that can be recovered for false imprisonment will reflect the length of time that someone has been detained.
So, if you would like to make a false imprisonment claim then call our free legal helpline for initial guidance and details of No Win, No Fee funding. Phone freephone 0333 888 0419 or email [email protected]