The police in England and Wales have fairly extensive powers to arrest and detain people. False imprisonment (which is sometimes known as unlawful arrest) occurs usually where the police make an arrest which cannot be lawfully justified. The test for arresting a person is whether the arresting officer has reasonable grounds to suspect you are involved in a crime for which an arrest is necessary. False imprisonment is actionable without proof of damage or loss.
Examples of claims:
-If it was not necessary to arrest you and you could have attended a police interview as a volunteer
– if the arrest was initially lawful but the length of detention is excessive or the procedural requirements of detention have not been met. The police have to justify detention on a minute by minute basis.
- A Stop and Account where the police officer refuses to let you leave
- If you have not been told why you have been arrested then the arrest is unlawful
- Unlawful stop and search
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