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Legal advice on lost wages following arrest.

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Rich G is off-line
20 December 2013 03:09
SMILESPHOTO
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SMILESPHOTO
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United Kingdom
Kent


Last September I had the misfortune of spending 20 hours in a police cell. The ongoing investigation was completed this week and whilst I appreciate that it's virtually impossible to get compensation for 'wrongful arrest', I would like to know if I'm entitled to claim for the resultant day's wages I was deducted and travel expenses to get home. I'm sure there are some on this fine site with knowledge in these matters who could advise me if I can make such a claim and where to make it. I guess Citizens Advice would know but that would take an eternity!

Thanks, and Merry Christmas,

Rich.
HAPPY TO WORK UP TO OPEN WALLET LEVELS


digineil is off-line
20 December 2013 07:02
digineil
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digineil
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Staffordshire


Best to contact a solicitor for some free advice as it is possible to obtain a lot more than just a typical days wages and expenses for wrongful arrest.
Without knowing any details of the arrest it is doubtful anyone on here would be able to give you any sound advice.


Dominic Thurmer is off-linePlatinum Member
20 December 2013 07:30
dominicdgt
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dominicdgt
Location
United Kingdom
Kent
Gillingham

Wrongful arrest is an emotive term, If the police had reason to believe you were guilty of a crime or a serious allegation against you had been made they are duty bound to look at the evidence and if appropriate arrest you. The process that follows is you opportunity to establish the truth it wrong to assume you are entitled to compensation from them, maybe the person (if applicable) who made such allegations is the person to chase. In real terms unless its £100s or close to £1000 plus I'd forget it. This is way too vague to help you, the days of "free solicitors advice" I'm not sure they exist any more, You can buy an hours chat time but already me thinks its not financially worth it.

Dominic


RGBphoto is off-lineSilver Member
20 December 2013 07:53
magpie1
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Location
United Kingdom
Tyne and Wear
Newcastle

Not being 'funny' at all but this is something that can only be resolved by getting proper legal advice, who can investigate all the issues pertaining to your particular case.


digineil is off-line
20 December 2013 08:42
digineil
Photographer
digineil
Location
United Kingdom
Staffordshire


Quote from dominicdgt
Wrongful arrest is an emotive term, If the police had reason to believe you were guilty of a crime or a serious allegation against you had been made they are duty bound to look at the evidence and if appropriate arrest you. The process that follows is you opportunity to establish the truth it wrong to assume you are entitled to compensation from them, maybe the person (if applicable) who made such allegations is the person to chase. In real terms unless its £100s or close to £1000 plus I'd forget it. This is way too vague to help you, the days of "free solicitors advice" I'm not sure they exist any more, You can buy an hours chat time but already me thinks its not financially worth it. Dominic



 A solicitor will quite often give out advice for free to see if a case is worth taking on in order to establish your claim has a decent chance of success.  I would say if the OP was wrongfully  banged up for 20 hours his case would be against the Police for interpreting the evidence wrongly.  Someone making false accusations is a seperate issue.

Being wrongfully detained by the Police through no fault of your own can lead to payment considerebly more than £1000 sometimes without even going to court.



Dominic Thurmer is off-linePlatinum Member
20 December 2013 09:02
dominicdgt
Photographer
dominicdgt
Location
United Kingdom
Kent
Gillingham

Everybody arrested and then realised without charge will feel its a wrongful arrest but its part of the process of investigation, if a serious allegation is made an informal chat at you home with the police would be inappropriate as procedures not followed could result in the whole case falling apart. Not doing the crime has nothing to do with wrongful arrest. You can go to prison and if the original decision was overruled still not necessarily be entitled to compensation if the process of Law was followed. Even the OP accepts "I appreciate that it's virtually impossible to get compensation for 'wrongful arrest' but wants compensation for expenses! Ex-cons are arrested everyday on the possibility they might have something to do with a particular local crime.


digineil is off-line
20 December 2013 09:36
digineil
Photographer
digineil
Location
United Kingdom
Staffordshire


The police pay out substantial amounts every year in compo for wrongful arrest and other offences against the general public. I was of course assuming the OP is a fine upstanding member of the public with no criminal record and has not done anything to attract the attention of the law.


Steve Guy is off-line
20 December 2013 09:49
Sdeve
Photographer

Location
United Kingdom
Derbyshire
Derby

The issue is not 'wrongful arrest' but 'unlawful imprisonment'. The question is not whether the arrest was wrong, in that the arrestee was innocent, but whether the arrest was unlawful. The innocence or otherwise of the arrestee is irrelevant as long as the law was complied with. Once the arrest is proved to be unlawful there is by and large a fixed tariff, £500 for the first hour or part thereof, and £1000 for the first 24 hours or part thereof. This can be increased depending upon aggravating factors. If you have a good case the police will dig their heels in right up to the court steps, sometimes literally, before settling. They don't like to have court judgements against them so settling out of court allows them to insist they did nothing wrong but were merely saving public money by avoiding a trial.

It is very unlikely that you will find the police arrest unlawful, but I managed to crowbar £700 from them for one of my lads being unlawfully arrested. Having said that, if the arrest wasn't necessary then it could well have been. PM me if you like with the full details.


Rich G is off-line
20 December 2013 17:32
SMILESPHOTO
Photographer
SMILESPHOTO
Location
United Kingdom
Kent


Quote from dominicdgt
Wrongful arrest is an emotive term, If the police had reason to believe you were guilty of a crime or a serious allegation against you had been made they are duty bound to look at the evidence and if appropriate arrest you. The process that follows is you opportunity to establish the truth it wrong to assume you are entitled to compensation from them, maybe the person (if applicable) who made such allegations is the person to chase. In real terms unless its £100s or close to £1000 plus I'd forget it. This is way too vague to help you, the days of "free solicitors advice" I'm not sure they exist any more, You can buy an hours chat time but already me thinks its not financially worth it. Dominic



Agree 100%. Frustrating as it was, I don't condemn the fact that people get wrongly arrested - if compensation could be claimed each time it happened, the police would end up only arresting people caught in the act. All I want is to be reimbursed for the days wages my employers deducted from me for being unable to go to work as I was locked in a cell and for my train fare I had to fork out for in order to return to my car where I'd been forced to leave it.
HAPPY TO WORK UP TO OPEN WALLET LEVELS


Tempus Fugit is off-lineSilver Member
20 December 2013 18:27
pinkbuildingphotography
Photographer
pinkbuildingphotography
Location
United Kingdom
Tayside


See a solicitor.
Is the only way that you can get proper advice.
Riding on the Gotterdammerung. Down and down she goes. Where she stops no one knows.



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