Unlawful Detention

Being detained — whether by the police, immigration authorities, or any other body — is one of the most serious interferences with personal liberty that a person can experience. When that detention is unlawful, you have both the right to challenge it and the right to seek compensation for the harm it has caused. At Hi Solicitors, our specialist team represents individuals who have been unlawfully detained, wrongfully arrested, or held beyond the limits of what the law permits — providing urgent, effective legal advice from the earliest stage.

Unlawful detention can arise in a number of different circumstances. The most common situations we advise on include:

Unlawful police detention — the Police and Criminal Evidence Act 1984 (PACE) sets out strict rules governing how long the police can detain a person without charge. In most cases this is 24 hours, extendable to 36 hours with the authority of a superintendent, and up to 96 hours with magistrates’ court authorisation in serious cases. Holding a person beyond these time limits without authority is unlawful detention and gives rise to a claim in false imprisonment.

Wrongful arrest — an arrest is only lawful if the officer has reasonable grounds to suspect the person has committed or is about to commit an offence, and the arrest is necessary for one of the purposes set out in PACE. Where these conditions are not met, the arrest — and any resulting detention — is unlawful, regardless of whether the person is subsequently charged or convicted.

Unlawful stop and search — while stop and search is not detention in the full sense, an unlawful exercise of stop and search powers can constitute a breach of your rights and may form part of a broader claim where associated detention follows.

False imprisonment — this is the civil wrong that corresponds to unlawful detention. It does not require any physical force or confinement in a formal sense — it is committed whenever a person is restrained from leaving a place without lawful authority. False imprisonment claims can be brought against the police, private security, employers, and others who unlawfully restrict a person’s freedom of movement.

Immigration detention beyond lawful authority — immigration detention is subject to its own legal framework and must be proportionate, necessary, and conducted with a view to removal being achieved within a reasonable period. Where those conditions are not met, detention may be unlawful and subject to challenge by way of judicial review or habeas corpus. Our Human Rights Application team regularly advises on the interface between immigration detention and Article 5 of the European Convention on Human Rights, which protects the right to liberty.

If you have been unlawfully detained, the law provides several routes to challenge that detention and obtain redress:

Habeas corpus — this ancient legal remedy allows a person to challenge the lawfulness of their detention before the High Court. It is one of the most powerful tools available to anyone being held without lawful authority and can secure release very quickly when the detention is clearly unlawful.

Judicial review — where public authorities — including the police or immigration authorities — have acted unlawfully in detaining you, a judicial review application can challenge that decision and seek a remedy including release, a declaration that the detention was unlawful, and damages.

Civil claim for false imprisonment and assault — where an arrest or detention was unlawful, a civil claim for damages can be brought against the relevant authority. Compensation can cover the period of unlawful detention, any injury or distress suffered, and consequential losses including lost earnings.

Complaint to the Independent Office for Police Conduct (IOPC) — where police misconduct has led to an unlawful arrest or detention, a formal complaint can be made to the IOPC. This does not preclude a civil claim and the two processes can run alongside each other.

Our criminal defence solicitors in Bolton have extensive experience advising clients on their rights following arrest and detention. If you are currently detained, contact us immediately — our police station representation team is available 24 hours a day, 7 days a week and can attend to advise you at no cost. If you have already been released and believe your detention was unlawful, we will review the circumstances, advise on the prospects of a claim, and represent you through whichever legal process is most appropriate. Our clients’ feedback speaks for itself — visit our testimonials page to read more. You can also find out more about our team on our meet the team page.

Limitation periods apply to unlawful detention claims — in most cases you have six years to bring a civil claim, but it is always better to act as quickly as possible while evidence is fresh and recollections are clear. If your detention involved a criminal matter that is still ongoing, early legal advice is particularly important to ensure your position is protected across both the criminal and civil dimensions of your case.

Contact our solicitors in Bolton today on 01204 371 414 or arrange a free consultation to discuss your unlawful detention matter with our specialist team. All enquiries are treated in the strictest confidence.