My son was
arrested and says that he was mistreated by the policemen who took
him into custody. Can I make a complaint and claim
compensation?
Although your son may feel he was mistreated
this doesn’t necessarily mean he will be able to claim
compensation. If your son is over 18 then he will need to make a
complaint himself, but this should be relatively straightforward
with the support of a specialist police complaints solicitor.
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So if he makes a formal complaint, who decides
whether the policemen should be prosecuted?
The decision rests with the Crown Prosecution
Service (CPS), who will be given a copy of the investigation report
and other evidence.
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How much compensation will he be able to
claim?
If he has a strong case, then he will be
entitled to claim damages. The amount of damages varies depending
on the severity of the complaint.
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Is there a time limit for making a complaint and
claiming damages?
Yes, and you need to act quickly since the
time limits are strictly enforced. If you are making a claim under
the Human Rights Act then you need to issue your claim within a
year of the incident. If your claim relates to negligence, then the
time limit is three years. For other claims, the time limit is
normally six years.
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I lost my job as a result of being arrested. How
can I afford to fund my claim?
Funding a legal action through the courts
yourself can cost a lot of money. You may be eligible for public
funding (‘Legal Aid’) for your case against the police if you meet
the Legal Services Commission’s financial criteria. Alternatively,
if we think you have a strong case, we may be able to agree a no
win no fee agreement with you.
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A close family member died in police custody.
Before being arrested he was perfectly healthy and I’m sure it must
have been caused by the way he was treated. What should I
do?
We can help you deal with the initial
investigations and inquest before the Coroner’s Court. We can also
help you request the relevant information, such as witness
statements, to enable a thorough investigation to be carried
out.
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