Suing the Police: Civil Claims and Remedies

Where police officers act unlawfully, an individual may have grounds to bring a civil claim against the chief constable of the relevant force. Under section 88 of the Police Act 1996, the chief constable is vicariously liable for torts committed by officers under their direction and control. This means the claim is brought against the force, not the individual officer, and any damages are paid by the force.

The most common civil claims against police are: false imprisonment (where detention was not authorised by law, including detention beyond the time limits in PACE); assault and battery (where force used was not reasonable or proportionate); malicious prosecution (where criminal proceedings were instituted without reasonable and probable cause and with malice); misfeasance in public office (where an officer deliberately misused their powers); and claims under the Human Rights Act 1998 for breach of Convention rights, particularly Articles 3 (prohibition of torture and inhuman treatment), 5 (right to liberty), 8 (right to respect for private life), and 14 (prohibition of discrimination).

Claims must generally be brought within six years for tort claims (Limitation Act 1980 s.2) or within one year for Human Rights Act claims (s.7(5) HRA 1998), though the court has discretion to extend this period. The claim is issued in the County Court or High Court, depending on the value, and proceeds through the civil litigation process. Legal aid may be available for some claims, and many firms handle police claims on a no-win, no-fee basis.

Remedies available include compensatory damages (for injury, distress, and loss), aggravated damages (where the police conduct was oppressive or high-handed), and exemplary damages (to punish particularly egregious behaviour). The leading case on exemplary damages against the police is Thompson v Commissioner of Police [1998] QB 498, which set guideline bands for damages in false imprisonment and malicious prosecution cases. Damages for false imprisonment start at around £500 for the first hour and increase with the length of detention and the circumstances.