I witnessed a friend being hit by police, arrested & then released without charge. What action can be taken?

Question

If he wishes to seek compensation for his injuries/scars as well as loss of earnings what can he do?

Answer 1

Hello,

(ANS) This is a very difficult situation, why? because the police can easily justify their actions under UK law. For example the complainant was resisting arrest, or the complainant was drunk & disorderly, or was disturbing the peace,etc.

**The problem you have is proving what happened, proving precisely i.e. hard evidence and again the burden of proof will probably already be on the side of the police. Its down to one persons opinion or point of view against another i.e. the police in this case.

**You would have to also provide medical evidence from a qualified medical doctor as to the cause of these scars. i.e. X-rays or photographs or both of the injuries. Also a doctor would have to testify that the person was NOT fit to go back to work due to there injuries. i.e. be signed off work due to sickness or injury. Requiring a letter from the doctor as proof and thus prove loss of earnings too.

**You could also get a letter from the employer to back up a doctors letter,etc.

**This case would have to go to a court to be decided upon I would think, or you could make a claim to the IPCC (the independent police complaints committee) that might be another option.

Either way you would require a qualified & experienced solicitor (legal representation) to take this case forwards. You might be able to get legal aid but the rules to qualify for this are complex too as they have been changed a number of times in the last few years. Finally legal cases of this kind can take ages, many months to be completed its commonly a long drawn out process.

Ivan

Answer 2

You need to show much more detail of the incident. My first question is why was he hit? Was your friend resisting arrest? Was the officer acting in self-defence?

Just because your friend has been released without charge does not mean the arrest was unlawful. You only need to suspect a person has committed an offence to arrest. Many people end up being released due to a lack of evidence to charge.

If your friend believes he has been unfairly treated then he should complain. This will subsequently be investigated by the professional standards department of that particular force.

Answer 3

You can't do anything the police can do what they want and they do !!
Some years ago a friend of mine was arrested for no reason and i went to the police station where he was being held to protest his innocence and complain about the rough treatment i had witnessed against my friend.
I was arrested myself for my troubles and spent a few hours in a cell .
Me and my friend were both released without charge.

I made a complaint against the police and got a solicitor to deal with my case who surprisingly warned me against making a complaint as he said the police would then have me marked as a troublemaker.

However i was so incensed by my treatment in the hands of the police that i decided to pursue the case.

When it came to court i was gobsmacked to see my solicitor and the policemen i had made the complaint about laughing and joking together in the foyer of the courtroom before the trial.

Just before we were due to go into court he again tried to persuade me to drop the case and as i was only 18 and fairly shy and inexperienced in life i buckled and dropped the case.

I realised that these people solicitors/police etc see each other every day in court and are actually friends so i didn't see myself winning a case with my solicitor not fully on my side.

We think we live in a democracy but do we really ?

Answer 4

Get pictures of his injuries immediately.
You need to make a statement and get that on file ASAP.
Go to the Police and make a formal complaint and see a solicitor to help you through the mountain of red tape and legal issues.

Not sure if you are US or UK based if UK the rules are very clear and taken seriously no idea how you are fixed in the US but with evidence and a witness it will be difficult to defend the actions.
Violent officers are rare and need to be brought to account and removed as they tarnish every officers reputation.

Answer 5

Why not go or ring the Citizens Advice Bureau who will have all the relevant information to hand and advise you exactly what you should do free of charge. If the police hit your friend they should not be allowed to get away with it.

If enough people complain about a particular PC Plod then the police force will have to sit up and take notice.

Answer 6

Well you have said that you witnessed a friend being hit by police? I'm just a regular guy, but I can't imagine the PD hitting me? What was your friend doing, for the PD to actually hit them? Sometimes, the PD arrest people8-) and then after they figure out what actually happened, disregarding what the arrestee said happened, they release them 8-) Really sounds like a lawsuit wanting to happen:-)

Answer 7

That has got here approximately to me and that i substitute into maximum miffed that for all my trauma in a police cellular i did not even get a listening to...i wouldn't in any respect seek for repayment although as i substitute into someplace I don't have been and no count if it warranted my arrest or not is yet another count. With claims for each cracked thumb and falsely imprisoned harmless it is not any ask your self each little thing is going **** up and bust!

Answer 8

IF you have proof then just report it to the police and show the evidence to a solicitor

if you dont have proof or evidence of it actually happening you will be able to do nothing it will be useless, as unless you have a rare/decent police force in your community, they will deny it ever happened.

also if they actually hit or touched before arrest was in progress like reading the rigths or warned to wait and stop then it is assault and the arrest is invalid/unlawful.

Answer 9

You might have to convince him to press charges against the police officers who arrested him. For he wasn't charge of any thing for that matter, & he was brutally hit by the officers which is a violation of his rights. He could press criminal & civil charges for criminal the charges of physical injury/illegal detention against the officers and for civil for moral & physical damages in terms of his earnings & lost of time.

Answer 10

Probally nothing you can do. But still report it (not to the same dept.) the FBI says that reported police abuse is on a sharp rise. So at least get a record of it. This officer may have prior complaints.