Depending on the circumstances, the police can arrest suspects either with or without an arrest warrant.
If they have a warrant for arrest, they must act in accordance with established laws and procedures. For more information on arrest warrants, click here.
Compensation claims may be made where the police:
- provide incorrect information to obtain the arrest warrant,
- incorrectly execute the warrant, or
- where bail conditions have been imposed and subsequently varied.
Incorrect Information to Obtain an Arrest Warrant
When the police make an application to Court for a warrant for arrest, they must provide details in support. These include the suspect’s or witness’s name, address, reasons for arrest warrant request etc.
If any of this information is incorrect, the warrant for arrest will be defective (also known as ‘unlawful’).
Carrying Out an Unlawful Arrest Warrant
If the police obtain a warrant with incorrect information, whether by mistake (known as ‘negligence’) or by deliberately mis-informing the Magistrates’ Court of the facts (known as ‘malicious procurement’), the warrant will be unlawful if they then act on it.
So, for example, if
- the police provide incorrect information about a person’s suspected criminal activities to the Magistrates’ Court to obtain an arrest warrant, and
- they then use that warrant to:
- search the person’s home, car etc.,
- pursue/ prosecute the person at court
then compensation may be paid.
The victim of an unlawful arrest warrant in the UK could be:
- the person named on the warrant for arrest,
- another entirely unrelated person with a similar name,
- family or friends at the address where the unlawful arrest warrant was carried out.
Claiming Compensation for an Unlawful Arrest Warrant
As long as the police act in accordance with a lawful warrant of arrest they have statutory protection against being sued by s.6 of the Constables Protection Act 1750.
That protection only applies where they have complied with the terms of the warrant, and the arrest warrant is not substantially defective.
So, depending on what happened, compensation can be claimed by the victim for:
- wrongful arrest/ false imprisonment
- malicious prosecution
- damage to personal property or goods
How Much Compensation Will I Get For an Unlawful Arrest Warrant?
As you would expect, it depends! Where the police execute the wrongful warrant of arrest and
- the victim is detained for many hours,
- has their personal property damaged or destroyed, and
- has their home searched
damages can run into the many thousands of pounds.
For examples, read our police warrant claims case reports.
As financial compensation for wrongful arrest/ false imprisonment starts at £842.26 for the first hour, and rises to £5,053.55 for up to 24 hours, it is easy to see why compensation for unlawful police warrants should be claimed.
In addition to ‘ordinary’ damages, the police may also be required to pay:
- ‘aggravated’ damages for injury to the victim’s feelings and, in exceptional cases,
- ‘exemplary’ damages to punish the police for unconstitutional, arbitrary or oppressive behaviour.
Read our police abuse compensation page for more information.
Donoghue Solicitors- Expert Lawyers Who Deal With Unlawful Arrest Warrants
As every arrest warrant compensation claim is different, it is impossible to say at the outset if damages are payable.
Arrest warrant cases are difficult to run because this is a highly specialised field. That’s why lawyers such as Donoghue Solicitors concentrate on these claims. We have an exceptional success rate and are confident that we can win every case we take. We are authorised and regulated by the Solicitors Regulation Authority, so you can be confident that we are independent professionals who will act in your best interests.
Where possible, we take claims on a ‘no win no fee‘ basis, which you find out more about by clicking on this link.
Read more about us here.
Don’t delay! Strict time limits apply (click on the link for more information).
How to Start Your Unlawful Arrest Warrant Compensation Claim
If you have suffered as a result of a wrongful arrest warrant and want to claim compensation, either:
- read more- we suggest starting on our police warrant claims page, or
- complete the online form on this page, or
- call us on 08000 124 246.
One of our expert solicitors will review your case and help start your arrest warrant compensation claim.