Breach of the Peace Claim

Donoghue Solicitors recovered compensation for Miss B in her breach of the peace claim.

For help with your own actions against the police claim contact us on 08000 124 246 or fill out the short online contact form here.

Background

Miss B lives with her mother. A neighbour called the police in the early hours of the morning to complain about an alleged disturbance at their house.

The police arrived, went into her home and, even though there was no evidence of a disturbance, arrested Miss B for a breach of the peace.

They handcuffed Miss B and took her to a local police station where she was ‘booked in’. Her fingerprints and DNA were taken; the police took her clothing; and gave her a ‘safety gown’.

She was formally charged with a breach of the peace and kept in the police station overnight.

About 10 hours later Miss B was taken to the Magistrates Court. She denied breach of the peace and insisted that she would fight the case.

Later the Crown Prosecution Service discontinued the criminal proceedings against her.

Miss B’s criminal solicitors referred her breach of the peace claim to Donoghue Solicitors as we specialise in actions against the police.

Compensation claim after a breach of the peace

 

Picture of Kevin Donoghue, Solicitor Director of Donoghue Solicitors, specialists in breach of the peace compensation claims.
Kevin Donoghue, solicitor, recovered compensation for a client in her breach of the peace compensation claim.

Kevin Donoghue, Solicitor Director of Donoghue Solicitors, personally reviewed Miss B’s compensation claims against the police.

He investigated the circumstances with her and found out that, after Miss B had initially been arrested for breach of the peace, the police repeatedly arrested her. Understandably, this made her more determined to deal with matters.

Mr Donoghue considered that the necessary legal elements to prove a breach of the peace in the first arrest did not exist.

The law, as outlined in the case of R v Howell(1982), supported his view.

The police needed to justify the arrest by showing that there were reasonable grounds for believing that a breach of the peace was taking place or was about to happen.

The Court of Appeal has defined a breach of the peace as being an act done or threatened to be done which either actually harms a person or his/ her property or is likely to cause such harm.

As these grounds did not exist in Miss B’s case, Mr Donoghue felt that the arrest, detention, and trespass at her home were unlawful.

Kevin submitted details of Miss B’s breach of the peace claim to the police, alleging:

  • false imprisonment;
  • trespass;
  • police assault; and
  • claimed aggravated and exemplary damages to punish the police for their unconstitutional and arbitrary behaviour.

Miss B also filed a complaint against the police. During the course of the complaint investigation a Chief Inspector reviewed the circumstances of the arrest for breach of the peace.

He confirmed Mr. Donoghue’s assessment that the police acted unlawfully when they arrested and detained Miss B.

The police’s representatives responded by denying liability, saying that the arrest for breach of the peace was lawful.

They refused to apologise or pay compensation despite being told the police officers acted unlawfully by both Kevin Donoghue, a solicitor who specialises in compensation claims against the police, and the Chief Inspector who investigated Miss B’s complaint.

Court Proceedings for a breach of the police claim

Because the police refused to settle Miss B’s compensation claim, Donoghue Solicitors, acting as no win no fee police claims lawyers, had no alternative but to issue court proceedings.

The police’s solicitors filed a formal defence at court again arguing that the arrest and detention were lawful.

But with Miss B’s approval, Kevin Donoghue was able to persuade them otherwise and settle her breach of the peace claim.

Miss B received substantial compensation and full legal costs for her claim for false imprisonment, police assault, and trespass due to breach of the peace. She did not need to go to court.

Miss B is satisfied that the compensation Donoghue Solicitors recovered for her will send a message to the police about the consequences of repeating this police misconduct.

 

If you want to make a breach of the peace claim contact Donoghue Solicitors on 08000 124 246 or complete the online form on this page.

Rating: ***** Brilliant! Donoghue Solicitors dealt with my claim against police with absolute professionalism and sensitivity. Daniel Fitzsimmons dealt with my case and honestly I couldn’t of had a more genuine person who made me feel at ease with the whole process. My claim was on a no win no fee basis. I had previously …

Samantha P

Rating: ***** Car Accident Donoghue solicitors was recommended to me after my accident and from the very first phone call I was put at ease and 100% sure they would get me what I deserved. The staff are friendly and efficient, always there to give an update or just some reassurance. My claim was dealt with …

Keznmarl

Rating: ***** Excellent service! Following a recent car accident, Donoghue Solicitors made a very stressful and difficult time so much easier. Their speed of response, consistent communication and helpful professional manner, really made a bad situation so much better. A wonderful company to deal with – Highly recommended. Read more reviews here.

“Stegsie”

Rating: ***** Accident at work I would highly recommend Donoghue Solicitors to anybody who is looking for a good, honest and reliable solicitor. From start to finish I was always kept up to date with the progress of my claim and was always made fully aware of what was happening. I was always explained everything thoroughly …

Claire