False Arrest and Unlawful Imprisonment

A police officer commits an offence if he makes a false arrest or an unlawful imprisonment to cause or expose a victim to a loss without any reasonable belief a suspect is involved or about to be involved in a crime.

An example, is a police officer making an arrest to allow a bailiff to enter a house, or remove a vehicle that he would not otherwise have been able to under his own means.

A police officer commits an offence if he threatens to make an arrest if the threat is to achieve a benefit for another person, or detriment to the victim.

An example is a police officer threatening to put a victim "in cuffs" is he fails to open their front door to let a bailiff inside the property.

Many police officers state their duty and presence at a bailiff incident is to prevent a breach of the peace, but their statutory duty of the police is crime prevention, and by making a false arrest, they may act in breach of that statutory duty.


The Law:

Section 26 of the Criminal Justice and Courts Act 2015 states:

Corrupt or other improper exercise of police powers and privileges

(1)A police constable listed in subsection (3) commits an offence if he or she—

(a)exercises the powers and privileges of a constable improperly, and

(b)knows or ought to know that the exercise is improper.

(2)A police constable guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).

(3)The police constables referred to in subsection (1) are—

(a)a constable of a police force in England and Wales;

(b)a special constable for a police area in England and Wales;

(c)a constable or special constable of the British Transport Police Force;

(d)a constable of the Civil Nuclear Constabulary;

(e)a constable of the Ministry of Defence Police;

(f)a National Crime Agency officer designated under section 9 or 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable.

(4)For the purposes of this section, a police constable exercises the powers and privileges of a constable improperly if—

(a)he or she exercises a power or privilege of a constable for the purpose of achieving—

(i)a benefit for himself or herself, or

(ii)a benefit or a detriment for another person, and

(b)a reasonable person would not expect the power or privilege to be exercised for the purpose of achieving that benefit or detriment.

(5)For the purposes of this section, a police constable is to be treated as exercising the powers and privileges of a constable improperly in the cases described in subsections (6) and (7).

(6)The first case is where—

(a)the police constable fails to exercise a power or privilege of a constable,

(b)the purpose of the failure is to achieve a benefit or detriment described in subsection (4)(a), and

(c)a reasonable person would not expect a constable to fail to exercise the power or privilege for the purpose of achieving that benefit or detriment.

(7)The second case is where—

(a)the police constable threatens to exercise, or not to exercise, a power or privilege of a constable,

(b)the threat is made for the purpose of achieving a benefit or detriment described in subsection (4)(a), and

(c)a reasonable person would not expect a constable to threaten to exercise, or not to exercise, the power or privilege for the purpose of achieving that benefit or detriment.

(8)An offence is committed under this section if the act or omission in question takes place in the United Kingdom or in United Kingdom waters.

(9)In this section—

"benefit" and "detriment" mean any benefit or detriment, whether or not in money or other property and whether temporary or permanent;

"United Kingdom waters" means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.

(10)References in this section to exercising, or not exercising, the powers and privileges of a constable include performing, or not performing, the duties of a constable.

(11)Nothing in this section affects what constitutes the offence of misconduct in public office at common law in England and Wales or Northern Ireland.


As soon as practicable after the false arrest, gather the following

The date and time of the arrest

The name and number of the police officer making the arrest

The name of the police force

The location of the arrest

The length of time you were detained

The name and information about the bailiff involved

The money or goods taken, and whether property was entered

The charge, or nature of the offence, if any you were threatened with

The location, or name of police station you were released

All documents and paperwork relating to the arrest Documents relating to the bailiff and the enforcement power, if any

Copies of video evidence taken at the scene

Make a first-person chronological write up in your own words the events leading up the bailiff attending, the debt and the arrest. Then you then have two options:

Prosecute the police officer for the offence by making a complaint before a justice of the peace under section 1 of the Magistrates Courts Act 1980.

Have a solicitor negotiate a settlement from the police force the arresting officer is attached and claim damages and losses suffered as a result of the false arrest and detention.