Claim for damages for wrongful arrest?

Question

last year myself and my partner were arrested for the theft of £1000 from the shop where we both worked, we were both arrested at our home and our home searched, detained for 12 hours and released on bail. two days later the money was found down the back of a drawer, neither of us had touched it as we were off suspended. We tried to find out about taking action against the police and/or the company, but to no avail. I have since left the job having been off with stress since the incedent. It seems people can claim damages for pretty much anything nowasdays, why not wrongful arrest?

Answer 1

The arrest and detention of one person by another is a trespass unless it is justified. Article 5(1) of the European convention on human rights provides: ‘Everyone has the right to liberty and security of the person’ It goes on to say: ‘No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law’. There are six cases (a) to (f). Case (c) is relevant to the point in question and states: ‘the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so’.

It seems to me that the police had reasonable cause to belive that a crime had been comitted and the Police and Criminal Justice Act permits detention so that they might dispel or confirm the reasonable suspicion by questioning you or seeking further evidence.

The police were therefore entitled to hold you for a period (subject to the maximum laid down by law) while they sought evidence by questioning you and seeking it from other sources which tends to confirm or dispel the suspicion of your guilt held at the time of your arrest.

If after a time a decision is made to release you, then you must be released without delay. Until that point is reached, the detention is justified, so long as the police are acting reasonably in continuing to pursue enquiries about your guilt. If it appears that at some stage they no longer have any reasonable foundation for so continuing, at that stage the justification for the detention ceases to exist.

12 hours does not appear to be unreasonable in a case such as this if the police were acting reasonably in pursuing available lines of inquiry and taking statements from those involved - so I a claim for wrogful arrest or detention would probably fail. You may however, have a claim against your previous employer if he did not use reasonable diligence in ensuring that the money was kept securely. That however, would be expensive to pursue and the amount of damages would probably not justify a private claim.

Answer 2

1

Answer 3

presuming you are in the UK from the '£', you can claim for wrongful arrest, and the inconvenience caused by having your home searched. I suggest you contact a personal injury solicitor to act on your behalf. For every hour you were detained I think its £1000 compensation you are entitled too. Also, if the company you work for didnt have very good grounds for accusing you and your partner you can also bring a case against your employer. Good luck, and dont let the b*****ds get away with it

Answer 4

Only one thing to do: get the advice of an attorney. If the attorney advises you have a case, then go forward and file charges for false arrest or civil charges for damages, etc.

The attorney may also suggest therapy if this stress has done damage to you.

Good luck getting back to the way things were before this incident.

Answer 5

You were most probably arrested on SUSPICION of theft, but not charged with the offence. In that case the police acted correctly.

Answer 6

See a solicitor.

Answer 7

Get a solicitor.

Answer 8

the police are doing there job,blame your employer for suspecting you