Unlawful Arrest
Have you been subject to an unlawful arrest? In order for an arrest to be lawful the police must have:
-
- Reasonable suspicion of a person’s involvement in the commission of a criminal offence;
AND
- Reasonable grounds for believing that the person’s arrest is necessary.
An arrest is only lawful if BOTH criteria are met.
The police must inform the person of the fact that they are under arrest and the reasons for it at the time of arrest. A failure to do so makes the arrest unlawful.
It is important to note that, when the police wish to speak to you about an offence it is not always necessary to arrest you. Interviews under caution can be carried out on a voluntary basis by appointment. This means a person’s liberty is not restricted in the same way as an arrest.
If you have been asked to attend an interview by the police and been arrested upon arrival at the police station then please contact us, as your liberty may have been restricted unnecessarily.
We are here to help
An unlawful arrest not only can damage your reputation but it can also damage your mental wellbeing. Compensation claims against the police can be complex so it is important to choose a specialist who can assess the strength of your case and has the expertise to fully support you through your litigation claim.
Call us for a confidential consultation with a specialist solicitor today on 01642 247656 or on our 24/7 Emergency Helpline 01642 917175