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Can I sue the police? Challenging police powers and other FAQs

15 Jan 2025

Although police officers have wide powers allowing them to use force and/or to deprive an individual of their liberty, they must act lawfully when exercising these powers .

If any loss or injury occurs where police officers either exceed their powers or breach an individual’s rights, it may be possible to sue the force responsible and seek financial compensation for any harm caused.

Hickman & Rose’s solicitors specialise in challenging police and state abuses of power. Below are answers to some of the most commonly asked questions about suing the police.

Is it possible to sue the police?

Yes: although police officers have wide powers which allow the use of force and/or deprivation of an individual’s liberty, they must always act lawfully when exercising these powers.

Where they do not, police officers’ conduct can be considered by a court, which has the power to award financial compensation where it finds that officers exceeded their powers, resulting in loss or injury to an individual.

The person suing the police needs to have been affected by the actions of the police; this can include where an individual is i) a direct victim; or ii) an indirect victim (for example if a loved one has died following police contact).

How much does it cost to sue the police?

Suing the police can be costly. The exact amount will depend on various factors, not least being the length of time it takes to resolve the legal claim. 

Some applicants will qualify for means-tested legal aid. Whether or not an individual qualifies for legal aid will depend on factors including  the merits of the case (together with its likely value); and an applicant’s personal financial circumstances.

In some circumstances, Hickman & Rose may consider taking on cases on a conditional fee basis. Hickman & Rose also works on insurance and trade union funded cases.

Failing this, Hickman & Rose can undertake this type of work on a private basis with hourly rates depending on the seniority of the solicitor instructed.

How much compensation can I get for suing the police?

The level of any award of compensation varies significantly according to the harm caused.

For example, in claims for false imprisonment, the amount of compensation will generally depend on the length of detention and seriousness of any injuries sustained (whether physical or psychological).

In claims for excessive force/assault, the amount of compensation will depend entirely on the nature of the injury and any longer-term effects. Where an individual has lost earnings or incurred out of pocket expenses as a result of the events in question, they may also recover additional sums.

Where a breach of human rights is found, the remedy is ‘just satisfaction’. This can be satisfied by recognition of the breach and, in some cases, an award of damages for the breach and any associated losses. In claims for discrimination, an award may include an element for injury to feelings.

Individuals bringing compensation claims against the police may also recover aggravated damages (for any aggravating features) and, exceptionally, exemplary damages.

Awards of compensation can vary widely and will be entirely fact-specific.

What claims can I bring against the police?

The police can be sued for many different types of malfeasance. Hickman & Rose specialises in bringing claims against the police in cases of assault, false imprisonment, malicious prosecution, misfeasance in public office and human rights abuses.

How do I know if I have a case to sue the police?

If you think you may have a claim, it is important to seek early legal advice from a specialist solicitor.  This is particularly important when considering bringing a claim as there may be relevant limitation periods which may affect the length of time in which a case should be brought and/or the need to secure evidence at an early stage.

Hickman & Rose has many years of experience in this field and a track record in bringing successful claims on behalf of individuals where police officers exceed their powers.



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