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Frequently Asked Questions

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.

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.

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.

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.

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.

A close family member died in police custody. Before being arrested he was perfectly health and I’m sure it must have been cause 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.

Our Civil Liberties & Human Rights Solicitors are backed by four decades of experience and have a strong track record of achieving favourable client outcomes. For expert legal advice use our contact form or call us on 0800 437 0322 today.

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Our offices are open from Monday to Friday from 9 am to 6 pm.

Phone:0800 437 0322
Fax:020 7388 2106
Address:Hodge Jones & Allen LLP
180 North Gower Street
London
NW1 2NB