11 Dealing with the Police
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2. If you have a problem with the police
3. If you are stopped and searched
4. Your options for taking action
5. Suing the police
If you want to sue someone, you can do so only for certain reasons - what lawyers call 'causes of action'. When you sue someone, you have to show that what happened to you fits into one of these causes of action.
For example, if a police officer searched you legally on the street and was rude in doing it, you would not be able to sue the police, because your complaint would not fit with one of the 'causes of action'. However, you could make a complaint against the police officer.
Also, you can sue the police only for what they have done to you personally. So you can't sue the police if, for example, you see them assaulting someone else. Only the person who was assaulted can sue. However, as someone who saw the assault, you can make a complaint if you want to.
The 'causes of action'
Below are the nine main causes of action. If you have a complaint that you think fits with one of these and you want to sue the police, you will need expert advice to make sure that you can do so. The law on police powers is complicated and you should get help from a legal adviser who specialises in cases against the police (see 'Further help' for more information).
The nine main causes are:
1. assault;
2. false imprisonment;
3. malicious prosecution;
4. misfeasance in a public office;
5. trespass;
6. trespass to goods or conversion;
7. negligence;
8. breaching the Human Rights Act; and
9. racial discrimination.
These causes of action are explained in the following paragraphs.
1 Assault
An assault (sometimes called 'battery') happens when someone touches you or uses force (violence) against you when the law doesn't allow it. It also happens when someone makes you fear that they are about to assault you. It is not always against the law to touch someone, of course. For example, if you are walking along a crowded pavement and you brush against someone, that is not assault.
The rules on assault apply in the same way to the police as they do to anyone else. The police are allowed to use force only where the law allows them to. This includes:
- to protect someone from a crime;
- to stop someone committing a crime;
- to carry out a lawful arrest; and
- to prevent a breach of the peace.
The police also have the power to use force when they need to in other cases, including when they search someone under the the Police and Criminal Evidence Act or the Terrorism Act.
Even when the police are allowed to use force, they commit an assault if they use more force than is reasonable in the circumstances. So, for example, if you were legally arrested, but then the police restrained (held) you with more force or for longer than they needed to, you may be able to sue the police for assault.
When a search becomes an assault
You can sue the police for assault if they search you when:
- they don't have the power to; or
- they don't follow the right procedures when they search you.
When are the police allowed to stop and search?
The police have the power to search you on the street when they have a good reason to believe that you:
- have items on you that are stolen;
- have items on you that could be used to steal, commit a burglary, take a car, commit deception or do criminal damage;
- have a weapon on you;
- have drugs on you;
- have an illegal firework on you; or
- are a terrorist.
There are also times where the police are allowed to search you even if they don't have a good reason to suspect you of any wrongdoing. These are:
- because they have good reason to think there will be serious violence nearby; or
- to stop someone committing a terrorist act.
Only a police officer in uniform can carry out searches in these two cases, and a senior police officer must have authorised it.
When the police stop and search you on the street, they may hold you for only a few minutes. You may be able to sue them for false imprisonment if you are held for more than a few minutes without a good reason.
What is the procedure for stop and search?
When the police stop and search you, they must:
- show you some proof that they are a police officer, if they are not in uniform;
- give their name and the police station they are from;
- tell you what they are searching you for and why they believe you may have the item in your possession; and
- inform you that you that you are entitled to a copy of the search record.
The police must complete the search record when they do the search, unless this is really difficult. They may ask you for your name and address to include in the record but you don't have to tell them. If they make a record, they must give you a copy straight away.
If the police don't complete a record when they do the search, they must do so as soon afterwards as they can. You can ask for a copy of this for up to a year after the search. If the police question you on the street but don't search you, they should complete an 'encounter record'.
If the police don't complete a search record or an encounter record, you could make a complaint -see ´Making a complaint against a police officer´.
What about searches under arrest?
If you have been arrested, the rules on when you can be searched are different. The police are allowed to search you:
- if they have a good reason to believe you may be a danger to yourself or to someone else;
- to check whether you have anything on you that could help you to escape;
- to check whether you have anything on you that may be evidence of a crime; or
- if they need to check what belongings you have on you when you arrive at a police station.
What about strip-searches?
Special rules apply to strip-searches. The police need to show that a strip-search was justified. Strip-searches should be carried out by someone of the same sex as you, and they should be done in private. There should usually be at least two other people there with you. You shouldn't have to take off all your clothes at the same time so that you are completely naked, but the police can tell you to strip first the top half and then the bottom half of your body (or the other way round).
Is a wrongful strip-search an assault?
A strip-search won't always mean the police will touch you (the police may simply tell you to take off your clothes). So you may not be able to sue for assault if the police strip-search you when they are not allowed to. You may be able to sue them under the Human Rights Act instead, for breach of your right to respect for your privacy. You will need expert legal help to know whether you will be able to do this. See the Community Legal Advice leaflet, '', for more about this.
2 False imprisonment and wrongful arrest
You can sue the police for false imprisonment if they detain you when the law doesn't allow them to.
What is detention?
You will be detained if:
- you are arrested;
- the police stop you in the street and make it clear that you cannot leave (for more than a few minutes); or
- after going voluntarily to the police station you decide to leave, but the police won't let you go.
If the police arrest or detain you, they have to be able to prove that the law allows them to do this.
When is an arrest legally justifiable?
The law on the powers that police have to arrest people changed at the beginning of 2006. The information in this leaflet explains those new powers. If you were arrested before that date and you think the police may not have acted within their powers, you will have to get advice about the law at that time.
To arrest you, a police officer must first have a good reason to think that you are:
- about to commit an offence;
- committing an offence; or
- guilty of an offence.
The officer must also have good reason to think that it is necessary to arrest you:
- to get your name and address;
- to check your name and address, if they have good reason to believe that you have given false details;
- so that they can quickly investigate the offence that they believe you have committed;
- to prevent you injuring yourself or other people;
- to prevent you being injured;
- to prevent you damaging property;
- to prevent you doing something indecent or causing an obstruction;
- to prevent you harming a child or someone else who is vulnerable; or
- because you might disappear to stop them prosecuting you.
When a court decides if a police officer had good reason to think something, it will look at whether:
- the police officer truly thought it; and
- because of what they knew at the time, it was reasonable for them to think it.
The police can also arrest you to prevent a breach of the peace.
The police can arrest you if a court has issued an arrest warrant for you. If a police officer arrests you and you are the wrong person, you can sue them for false imprisonment. However, if you were arrested because the court that issued the warrant made a mistake, it is not the fault of the police.
There are other powers of arrest for specific offences or in particular circumstances.
If you are arrested, the police have to tell you why. If they can't tell you straight away, perhaps because you are violent, they have to tell you as soon as they reasonably can - otherwise the arrest is illegal.
When you can't legally be detained after being arrested
If you have been legally arrested, your arrest can become illegal if:
- there is no longer any reason for keeping you under arrest;
- you aren't charged even though there is enough evidence to charge you; or
- the police don't follow the rules set out in the Police and Criminal Evidence Act, which say when and how often they should look at whether they should continue detain you.
'Habeas corpus'
If you have been detained illegally by the police, your family or friends can ask to have you released by what is called 'habeas corpus'. This is the name given to the order that the court can make to release a person in certain circumstances. Asking for this order involves a different procedure to suing the police.
3 Malicious prosecution
Many people go to court for offences and are not found guilty. You cannot automatically claim compensation when this happens. You can claim compensation only if you can show you have been a victim of a malicious (deliberately harmful) prosecution. You have to show all four of the following things to be able to claim compensation.
The prosecution caused you damage or harm
You have to show that:
- you were charged with an offence that you could be sent to prison for; and/or
- being prosecuted damaged your reputation; and/or
- defending the case cost you money.
You 'won' your case
You win your case if:
- you were found not guilty after a trial;
- the Crown Prosecution Service (CPS) dropped the case before it got to trial;
- the magistrates would not send your case to the Crown Court for trial;
- you were found guilty, but won your case on appeal; or
- you accepted a bind over at court (which means that you agreed to a legally binding order of the court).
The police did not have 'reasonable or probable cause' to prosecute you
You have to prove that:
- the police didn't believe you were guilty; or
- there wasn't a good reason for the police to believe that you were probably guilty.
In most cases it is difficult to show these two things.
The police acted 'maliciously'
You have to prove that the police prosecuted you for an unacceptable reason. Sometimes you can do this by referring to something that a police officer said or by showing that they wanted to cover up their own wrongdoing. Sometimes the circumstances make it clear that the police can't have been acting properly.
As well as claiming for malicious prosecution, you can get compensation for a miscarriage of justice if you were found guilty of a crime, and new facts have come to light which show that the conviction was wrong.
There is a similar cause of action of 'malicious process'. You don't have to have been prosecuted to bring a claim. You could use it where the police acted maliciously (causing you harm deliberately and without good reason) in getting a search warrant or an arrest warrant against you.
4 Misfeasance in a public office (abuse of position)
You may be able to bring a claim against the police if you can show that an officer used their position as a police officer for some improper purpose.
You will need to prove that:
- the officer was acting within their capacity as a police officer;
- the officer intended to cause you harm or knew or understood that they were acting beyond their powers;
- you were caused harm as a result; and
- the officer was aware that they would probably cause you harm.
5 Trespass
You can sue someone for trespass if they come into your property without your permission when the law doesn't allow them to. This includes a rented property if you are the tenant, as well as property you own. You can also sue someone you have let into your house or flat if they don't leave when you clearly ask them to. If you aren't the owner or tenant, you may be able to sue for trespass if it is clear that the owner or tenant gave you the power to stop people coming in.
The same rules apply to the police. You can sue the police for trespass if they go into your property (or stay there) and:
- they don't have your permission; and
- the law doesn't allow them to.
When can the police enter a property to arrest someone?
The law allows the police to go into private property to arrest you:
- under an arrest warrant issued by a court;
- if you have escaped from prison or anywhere else where you were legally detained; or
- for an offence that can be tried in the Crown Court and certain other offences. These include theft and criminal damage where the property damaged was worth more than £5,000.
In each of these situations, the police must have a good reason to believe that the person they are looking for is in the property. They can search the property only to check whether the person they are looking for is there.
When can the police enter a property to carry out a search?
The law also allows the police to go onto private property to carry out a search in such situations as these:
- A court has granted the police a search warrant.
- You have just come from the property, the police have arrested you for an offence for which you can be tried in the Crown Court, and they have a good reason to think there is evidence in the property relating to the offence you have been arrested for.
- The police have arrested you for an offence for which you can be tried in the Crown Court, and the property is your home or a place you control (your business, for example).
In this last case, the police have to have a good reason to think that there will be evidence in the property relating to the offence for which they have arrested you or evidence of a similar or related offence. The police normally have to have a police inspector's permission to carry out such a search.
Why else can the police enter a property?
The police can also enter private property to:
- save people from being killed or injured;
- stop the property being seriously damaged; or
- stop a breach of the peace.
6 Trespass to goods and conversion
If someone damages or interferes with your property, you can sue them for 'trespass to goods' or 'conversion'. You can also sue them if they refuse to give your property back to you when they are not legally allowed to keep it.
When can the police take my belongings?
The law gives the police wide powers to take and keep people's belongings. In particular, they can take and keep property if they have a good reason for thinking the property may be the proceeds of crime (such as stolen goods) or evidence of an offence.
The police are allowed to keep your property only for as long as they need to. This can include when they want to use the item as evidence at a trial - though they shouldn't hold onto something if a photograph or a copy would do. They can also keep something when they want to work out who the true owner is.
How can I get my belongings back?
If the police take property from you after you have been arrested, they should give it back to you when they allow you to leave the police station. The police can hold onto it only if they have a reason for thinking that it is the proceeds of crime or evidence of an offence.
If you sue the police for interference with your property and you win your case, you can expect to get compensation, as well as getting your belongings back. If you just want your belongings back, you can take out a summons in the magistrates' court under the Police (Property) Act 1897.
7 Negligence
You can sue someone for negligence if they cause you harm or damage when they should have been taking care not to. This is the cause of action you would use if you wanted to sue someone for injuring you or damaging your car in a car accident, for example.
When can I sue the police for negligence?
The law allows you to sue the police if they are negligent in the way they carry out their normal work. So, for example, you can sue the police if a police car knocks you down.
You cannot normally sue the police if they are negligent:
- in the way they carry out an investigation; or
- when deciding wheter or not to protect someone.
However, the rules are very complicated and you should get advice from a lawyer who is an expert in taking legal action against the police.
8 The Human Rights Act
Under the Human Rights Act 1998, you can sue the police if they act in a way that breaches your rights under the European Convention on Human Rights. For more about this, see the Community Legal Advice leaflet, ''.
9 Racial discrimination
The police must not discriminate against people because of their race. If the police discriminate against you in this way, you can take action against them under the Race Relations Act 1976. For more about this, see the Community Legal Advice leaflet, ''.
7. Making a complaint against a police officer
9. The result of your complaint
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Liberty.
The leaflets are regularly updated but the law may have changed since they were printed so the information in them may be incorrect or out of date.
Leaflet Version: August 2006
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