False Arrest And Unlawful Imprisonment

Under Section 26 of the Criminal Justice and Courts Act 2015, a police officer commits an offence if they make a false arrest with the intention of causing harm or financial loss to a victim without any reasonable belief that the suspect is involved, or about to be involved, in a crime.

An example of this would be a police officer arresting someone to enable a bailiff or enforcement agent to enter a property or remove a vehicle—actions the bailiff would otherwise have no lawful authority to carry out independently.

Furthermore, a police officer also commits an offence if they threaten to arrest with the intent to benefit someone else or disadvantage the victim.

For instance, a police officer may unlawfully threaten to put a victim "in cuffs" if they refuse to open their door to allow a bailiff entry.

While many police officers claim their role at a bailiff incident is to prevent a breach of the peace, their statutory duty is, in fact, crime prevention.

Making or thrratrening to make a false arrest not only breaches this duty but also constitutes a serious offence.

If you experience a false arrest, it is crucial to gather the following information promptly:

The date and time of the arrest.
The name and badge number of the arresting officer.
The name of the police force involved.
The location of the arrest.
The duration of your detention.
Details of the bailiff or enforcement agent involved.
A list of money or goods taken and whether your property was entered.
The charge or offence, if any, that you were threatened with.
The police station where you were released.
Collate all documents and paperwork related to the arrest, including those concerning the bailiff and the enforcement authority.
Gather copies of any video evidence from the scene.

Additionally, make a first-person, chronological account of the events leading up to the bailiff’s visit, including details about the debt and the arrest. Once you have gathered all the necessary evidence, you have two potential courses of action:

You can prosecute the police officer by filing a complaint before a justice of the peace under Section 1 of the Magistrates’ Courts Act 1980.

Alternatively, you may instruct a solicitor specialising in actions against the police to negotiate a settlement with the police force responsible for the arresting officer and seek damages for the false arrest and any losses suffered as a result.

Contact our helpline to have your case reviewed and, if appropriate, referred to a specialist solicitor who can take legal action against the police. We will assess the legal merits of your case and advise you on the available remedies.