Warrant of further detention claims can normally only be made if the suspect was arrested and held without charge for in excess of 24 hours.
As our ‘warrant of further detention‘ page explains, unless the allegations made against the suspect by the police were terrorist- related, or detention time extended to 36 hours by a superintendent, after a full day the police must ask the Court for a warrant to continue keeping the suspect.
And this is where unlawful warrant of further detention claims can be made.
How do Warrant of Further Detention Claims Come About?
The police must seek a warrant of further detention from a Court. If they provide incorrect information, by mistake or deliberately, the Court may be misinformed and issue a warrant of further detention when there are no grounds to continue holding the suspect.
As a consequence, any further detention on the basis of the warrant would be unlawful.
What Can I Claim for if a Warrant of Further Detention was Unlawfully Obtained?
Compensation for an unlawful warrant of further detention varies depending on:
- the length of time the suspect was unlawfully detained,
- the reasons for the unlawful warrant, and
- any other circumstances.
How Much is my Warrant for Further Detention Claim Worth?
Although all warrant of further detention claims are different, if an unlawful warrant has been obtained and relied upon to keep a suspect when they should have been released, a claim for false imprisonment can be made.
Court guidelines indicate that between £842.26 (for the first hour of detention) and £5,053.55 (at 24 hours) are appropriate, but as these cases involve extending detention by warrant each one would have to be considered on its facts.
In addition, there may be additional compensation for assault, damage to property etc.
The court would also consider the conduct of the police and/ or court. If it considered that they acted in an arbitrary, oppressive or unconstitutional way, additional ‘aggravated’ and ‘exemplary’ damages can be paid.
Instructing Solicitors to Start Your Warrant of Further Detention Claims
Don’t waste time! Strict time limits for police claims apply (click the link for more).
Where appropriate, we represent people on a ‘no win no fee‘ basis.
We are solicitors who are authorised and regulated by the Solicitors Regulation Authority. You can check our Law Society listing by clicking here.
We’re waiting to help you make your warrant of further detention claims.