Being wrongfully arrested is a deeply distressing experience. Even where no charge follows, the impact — on your reputation, your employment, your mental health, and your freedom — can be significant and lasting. What many people do not realise is that a wrongful arrest is not simply something to move on from. It is a civil wrong that gives you the right to claim compensation, and in some cases the right to challenge the conduct of the officers involved through a formal complaints process.
Our solicitors in Bolton advise and represent individuals who have been wrongfully arrested or unlawfully detained, and can assess whether you have grounds to bring a claim against the police.
What Is a Wrongful Arrest?
A wrongful arrest — also referred to as an unlawful arrest or false arrest — occurs when the police arrest a person without lawful authority to do so. Under the Police and Criminal Evidence Act 1984 (PACE), an arrest is only lawful where two conditions are satisfied:
1. Reasonable grounds for suspicion — the arresting officer must have had, at the time of the arrest, genuine reasonable grounds to suspect that the person arrested had committed, was committing, or was about to commit an offence. This is an objective test — it is not enough that the officer subjectively believed it. A reasonable person in the officer’s position must have had grounds for that suspicion.
2. The arrest was necessary — even where reasonable suspicion exists, an arrest is only lawful if it was necessary for one of the specific purposes set out in PACE, such as allowing the prompt and effective investigation of the offence, preventing the person from causing physical injury, or obtaining the person’s name and address where these cannot otherwise be ascertained.
Where either of these conditions was not met at the time of arrest, the arrest is unlawful — and any detention that follows it is also unlawful from that point.
What Is the Difference Between Wrongful Arrest and Unlawful Detention?
These two things are closely related but distinct. A wrongful arrest is the unlawful act of arresting someone without proper authority. Unlawful detention is what follows — being held after that unlawful arrest, or being held beyond the permitted time limits even where the initial arrest was lawful.
In practice, many claims involve both. A person may be arrested without reasonable grounds — meaning the arrest itself is unlawful — and then detained at the police station for several hours before being released without charge. The claim encompasses both the wrongful arrest and every hour of unlawful detention that follows.
Our unlawful detention solicitors handle claims involving both elements and will advise on the full scope of what you can recover.
Can You Sue the Police?
Yes. The police are not above the law, and where their officers commit civil wrongs — including wrongful arrest and false imprisonment — you can bring a civil claim for damages against the Chief Constable of the relevant force, who is vicariously liable for the acts of officers under their command.
Civil claims against the police for wrongful arrest and false imprisonment are brought in the County Court or High Court depending on the value of the claim. They are subject to a limitation period — generally six years from the date of the wrongful arrest — though it is always better to act sooner rather than later while evidence is fresh.
What Can You Claim Compensation For?
A successful claim against the police for wrongful arrest can include the following heads of loss:
General damages for the wrongful arrest and detention itself — the court will award a sum for the experience of being arrested and detained, which reflects the interference with your liberty, the distress and humiliation caused, and any reputational harm.
Aggravated damages — where the arrest was carried out in a particularly oppressive or humiliating manner, or where the police conduct during the arrest or detention was especially bad, the court can award additional aggravated damages to reflect this.
Exemplary damages — in rare cases where the police conduct was so outrageous or deliberately high-handed as to justify punishment beyond mere compensation, exemplary damages can be awarded. These are exceptional but do arise in serious cases of police misconduct.
Special damages — any specific financial losses caused by the wrongful arrest, such as lost earnings during the period of detention, costs of alternative childcare or care arrangements, or any other out-of-pocket expenses directly caused by the arrest.
Psychological injury — where the wrongful arrest and detention has caused a diagnosed psychological condition such as post-traumatic stress disorder, anxiety, or depression, a separate head of claim for psychiatric injury is available with appropriate medical evidence.
The Human Rights Dimension
Where a wrongful arrest also involved a breach of Article 5 of the European Convention on Human Rights — which protects the right to liberty — a claim can also be brought under the Human Rights Act 1998 in addition to the common law false imprisonment claim.
Our Human Rights Application team advises on the interaction between civil claims and human rights claims, which can run alongside each other and can increase the overall compensation recovered.
The Complaints Process: IOPC
Alongside — or instead of — a civil claim, you can make a formal complaint about the conduct of the officers involved to the Independent Office for Police Conduct (IOPC). The IOPC is the independent body that oversees the police complaints system in England and Wales.
A complaint to the IOPC does not compensate you directly, but it can result in disciplinary action against the officers responsible, an apology from the force, and a finding that the arrest was unlawful. In some cases, evidence gathered through the complaints process can also support a subsequent civil claim.
It is important to understand that making an IOPC complaint does not prevent you from also bringing a civil claim — the two processes are entirely separate and can run simultaneously.
What Evidence Do You Need?
The stronger your evidence, the stronger your claim. Useful evidence in a wrongful arrest claim includes:
- The custody record from the police station, which records the time of arrest, the grounds given, and the decisions made during detention — you are entitled to request a copy
- Body-worn camera footage from the arresting officers — this can be requested under the Data Protection Act 2018 as part of a Subject Access Request
- CCTV footage from the scene of the arrest if available
- Witness evidence from anyone who observed the arrest
- Medical evidence if you suffered physical or psychological injury
- Evidence of financial losses, such as payslips and employer correspondence if you lost earnings
Our criminal defence team will assist in gathering and preserving this evidence at the earliest stage.
How Hi Solicitors Can Help
If you have been wrongfully arrested and released without charge, or if you believe the police did not have proper grounds to arrest you, our solicitors in Bolton can assess your case and advise on whether you have a claim worth pursuing. We will be honest with you about the prospects from the outset and work to recover the maximum compensation available in your circumstances.
Call 01204 371 414 for a free initial consultation. All enquiries are treated in the strictest confidence.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: Can you sue the police for wrongful arrest even if you were charged?
It depends on the circumstances. If the initial arrest was unlawful — because the officer lacked reasonable grounds for suspicion — you may still have a claim even if a charge later followed. The lawfulness of the arrest is assessed at the time it was made, not with the benefit of hindsight. A subsequent charge does not retrospectively make an unlawful arrest lawful.
Q: How much compensation can you get for wrongful arrest?
There is no fixed scale. Awards depend on the duration of the detention, the manner of the arrest, the impact on your reputation and mental health, and any specific financial losses. Minor cases involving a brief wrongful detention may result in awards of a few thousand pounds. More serious cases involving prolonged detention, significant distress, or aggravating conduct by officers can result in substantially higher awards.
Q: How long do you have to make a claim for wrongful arrest?
The general limitation period for a civil claim for false imprisonment is six years from the date of the wrongful arrest. However, if the claim also involves a human rights element under the Human Rights Act 1998, the limitation period for that element is one year. It is always advisable to seek legal advice as early as possible to ensure you do not lose the right to claim.
Q: What is the difference between a wrongful arrest claim and an IOPC complaint?
A civil claim for wrongful arrest is a legal action brought in court seeking financial compensation. An IOPC complaint is an administrative process through which you report officer misconduct for investigation and potential disciplinary action. A complaint can result in an apology or disciplinary proceedings but does not directly compensate you. The two processes can run alongside each other.
Q: Do I need a solicitor to make a claim against the police?
You are not legally required to have one, but it is strongly advisable. Claims against the police are actively defended and the police will have their own legal representation. A solicitor with experience in this area will know how to gather the right evidence, frame the claim correctly, and maximise the compensation available. Contact our team for a free initial assessment.