Legal advice on lost wages following arrest.

Legal advice on lost wages following arrest.

32 posts
20 Dec 2013
SMILESPHOTO
Photographer
SMILESPHOTO
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.
Posted 20 Dec 2013
digineil
Photographer
digineil
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.

Posted 20 Dec 2013
dominicdgt
Photographer
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

Posted 20 Dec 2013
magpie1
Photographer
magpie1
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.

Posted 20 Dec 2013
digineil
Photographer
digineil
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.

Posted 20 Dec 2013
dominicdgt
Photographer
dominicdgt
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.

Posted 20 Dec 2013
digineil
Photographer
digineil
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.

Posted 20 Dec 2013
Sdeve
Photographer
Sdeve
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.

Posted 20 Dec 2013
SMILESPHOTO
Photographer
SMILESPHOTO
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.
Posted 20 Dec 2013
See a solicitor.
Is the only way that you can get proper advice.


Posted 20 Dec 2013
PaulManuell
Photographer
PaulManuell
Ok, I'll ask seeing as no one else has - what were you arrested for, and for what reason did the police suspect you?

Posted 21 Dec 2013
GSC4X
Photographer
GSC4X
It doesn't matter...none of us are qualified to give legal advice and if we were, we wouldn't do it for free!!!!

Posted 21 Dec 2013
PaulManuell
Photographer
PaulManuell
I'm not bothered about any of that, the only reason I asked was plain old curiosity and nosiness.

Posted 21 Dec 2013
SMILESPHOTO
Photographer
SMILESPHOTO
PaulManuell

I'm not bothered about any of that, the only reason I asked was plain old curiosity and nosiness.


Ha ha Paul smiley
As I understand it, someone in the High Street where I was had been reported on several occasions for pestering people with a camera and since I met this guy's description and was carrying one, was asked to help with enquiries. Since they believed there was a possible charge involving indecent images, they asked for all my camera gear, laptops, pc etc. Obviously being a photographer, I had 1000s of images they wanted to check, not forgetting prints, slides, cd's etc. I also used to work with a couple of child modelling agencies years ago and these days do voluntary work with disadvantaged kids and the Samaritans, which probably meant they needed to be extra vigilant, which I completely understand. 
As I say, I don't have any great issues with the law or the police services - I'd just like to be able to get my day's wages back as it wasn't my fault I couldn't go to work!
Posted 21 Dec 2013
mph
Photographer
mph
SMILESPHOTO
Ha ha Paul As I understand it, someone in the High Street where I was had been reported on several occasions for pestering people with a camera and since I met this guy's description and was carrying one, was asked to help with enquiries. Since they believed there was a possible charge involving indecent images, they asked for all my camera gear, laptops, pc etc. Obviously being a photographer, I had 1000s of images they wanted to check, not forgetting prints, slides, cd's etc. I also used to work with a couple of child modelling agencies years ago and these days do voluntary work with disadvantaged kids and the Samaritans, which probably meant they needed to be extra vigilant, which I completely understand.  As I say, I don't have any great issues with the law or the police services - I'd just like to be able to get my day's wages back as it wasn't my fault I couldn't go to work!
Helping is one thing - being locked up is another!
Posted 21 Dec 2013
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