Legal advice on lost wages following arrest.

Legal advice on lost wages following arrest.

32 posts
20 Dec 2013
tonycsm
Photographer
tonycsm
Rich.....you don't need to involve solicitors etc if you don't wish to......simply send them a bill for lost wages and other reasonable out of pocket expenses and make it clear that you will pursue the matter in the courts after 7 days if they fail to respond.
Imply that involving the courts would also bring about legal costs  and a possible compensation claim for wrongful arrest so they will be unlikely to want that! Just include the clause .. "time is of the essence" with regard to their expected response when you send them the letter and state that no further correspondence will be entered into after that date other than through a solicitor. They will have to respond.

I once threatened to sue Jack Straw who was Home Secretary at the time because they'd failed to pay me compensation 5 months ( which should have been a few weeks )  after I'd surrendered my my handguns when they were banned in the 90's after the Dunblane tragedy - I got my money within a week after being told by bthe department handling the compensation claims that it could have been up to a further year before being paid out so, don't be afraid to challenge them!

I sent my letter to the solicitors who were acting for the HS at the time - they freaked out saying I couldn't do it but the day after I got their letter, I got my cheque so even government bodies don't like legal action against them.

You can always resort to legal action if that fails - just a thought..... do you have general legal protection which you purchased with your home insurance? If you have, test it out to see if it would cover you for legal cover in that instance!

Tony
Posted 21 Dec 2013
PaulManuell
Photographer
PaulManuell
Thanks for satisfying my curiosity, Smilesphoto, much appreciated. Hope you manage to get the compensation you're after and rightly deserve.
Posted 21 Dec 2013
Sdeve
Photographer
Sdeve
22 years as a police officer, a total of 32 years law enforcement experience, and much study of unlawful arrest / imprisonment, OK I might not be qualified in the formal sense but I know a bit.

As I said, for any arrest to be lawful it has, since 2005, needed to be necessary. There has been significant case law on this that the police know full well what they are doing, and sufficient misdemeanours on their part to know that they are still routinely abusing their powers. The following court report has the best explanation and is pretty definitive. You'll have to copy and past it into your address bar, I don't know how to do links on this board.

http://www.bailii.org/ew/cases/EWHC/QB/2013/243.html

So, was it necessary to arrest you to achieve the desired result? In your case the desired result would be to a) identify you and b) if the complaint warranted it, seize your computers etc. for examination. Did you have ID on you? If yes, then the ID thing is done. The problem then is seizing your gear. Was it necessary to arrest you in order to do this? The police will say it was, because an arrest gives them the power to search your residence, which they would obviously want to do. But then they would say that, wouldn't they.

Firstly, there's the matter of whether the initial complaint was sufficient to warrant your detention in a cell for so long. Almost anyone pointing a camera in the vicinity of a young person in public these days is likely to get a complaint. That would not ordinarily provoke an arrest without further info. You say you worked with organisations that involved children but I assume they didn't know this at the time of the arrest, so that is likely to be irrelevant to the arrest.

Unless there is more to this tale, it will, IMO, come down to the strength and nature of the complaint made. If the complaint was just "There's some bloke here taking pictures of kids on the street." then IMO that is insufficient for arrest. If it was along the lines of "This bloke's back again and he's not only taking pictures of kids he's asking them to go back to his house. That's the fifth time this week and he's annoying everyone." then that might have some substance for arrest, whether or not the bloke concerned was you.

In such cases as these, where there is a need to examine your computers etc. there is no purpose at all in interviewing you until the gear has been examined. That won't happen overnight, or even over several months, as you probably already realise. So, having arrested you, perhaps lawfully, it may still have been unlawful for them to detain you. The easiest and most practical solution would have been to take you, still under arrest, to your home, let you watch while they search, take your gear and leave you at home. So there is the possibility of unlawful imprisonment because it wasn't necessary to keep you in custody.

The first thing to do is to make a formal complaint to what is laughingly called their Professional Standards Department. You need to establish what exactly was done and why. It's likely that you will be mislead and obstructed on this, but it's a necessary step. Do not minimise your complaint. Stick to the facts, leave the hurt feelings for any civil case. Once this has worked it's way through to the bitter end and the police have totally exonerated the officers involved, and every other police officer past present or future, then you got to see a solicitor, with, hopefully, a great deal more information that you have at present.

While a letter now demanding recompense may not go amiss, you may be limiting a later claim by sending it. At least mark it boldly as "Without Prejudice." It will be, I predict, a waste of time and paper, unless your case is utterly bombproof which I doubt. I think you may have a good chance but it's going to take some work.

Posted 21 Dec 2013
SMILESPHOTO
Photographer
SMILESPHOTO
Thanks for your advice Steve - it sounds like hard work!
Posted 21 Dec 2013
Sdeve
Photographer
Sdeve
Not so much hard work really. The main work is setting out your complaint fully, factually, and unemotionally. Then insisting communication is carried out in writing. You can have fun though if you arrange to meet the officer investigating the complaint and you covertly record the meeting. Then it's digging in for the long haul and not being taken in by their bull excrement. Rest assured they will make every effort to mislead you and obfuscate the circumstances. Regardless of the outcome, there may just be some mileage if you enquire, perhaps through a Freedom of Information request, what their policy is in relation to person arrested who are taken to a police station so far away that they have to take a train back home. The final decision has to be based upon how much you value your freedom and the rights given to everyone, including you, in this country.

Posted 21 Dec 2013
mph
Photographer
mph
Do I detect just the slightest hint of disillusionment with your former employers, Steve?
Posted 22 Dec 2013
Sdeve
Photographer
Sdeve
mph
Do I detect just the slightest hint of disillusionment with your former employers, Steve?
You noticed, huh! Often when I have criticised the police I have had various people, police officers serving or retired, suggest my opinions are caused by having been arrested, convicted, and/or retired under a cloud, especially when they perhaps notice I served 22 years. To save any such persons the effort on here, if there are any, I retired due to injury, I have never been arrested, never charged with any offence, I have my long service and good conduct medal, and a full, and quite decent, pension. From my service and personal life I have no reason to hold a grudge of any sort, and I do not. Nevertheless, I maintain that in this country we are heading towards, if not already living in, a police state. A very British police state to be sure, but a police state for all that. Not something I care for.
Posted 22 Dec 2013
digineil
Photographer
digineil
Wrongful arrest requires a solicitor in most cases. I know someone who represented herself and got £1500 but mostly it's best to get help. An old school friend of mine got just under £3000 after being arrested with a large number of other people making his way home from a football match. Apparently a senior police officer panicked and issued an order to arrest well over 100 people who just wanted to go home or leave the area. Less than a quarter of those arrested pursued the compo.

Posted 22 Dec 2013
LaurenceJPower
Photographer
LaurenceJPower
When I got pulled over years ago and accused the police of this country becoming a police state the reply was "and what's wrong with that?" I think that comments like that really do say it all.

Posted 23 Dec 2013
D4vid
Photographer
D4vid
Quoting Laurence's Posting "When I got pulled over years ago and accused the police of this country becoming a police state the reply was "and what's wrong with that?" I think that comments like that really do say it all."

Surely one officers remark is not being construed as indiciative of the attitude of the entire national Police Service? I ask this as someone who served for 37 years in the Police Service in west Yorkshire.

Posted 24 Dec 2013
NATKINS
Photographer
NATKINS
Specialist apparently…

http://www.murria.co.uk/s_arrest.php?p=10&gclid=CJWovvTvyLsCFY3LtAodcAsAVw

Nick

Posted 24 Dec 2013
Sdeve
Photographer
Sdeve
D4vid
Quoting Laurence's Posting "When I got pulled over years ago and accused the police of this country becoming a police state the reply was "and what's wrong with that?" I think that comments like that really do say it all." Surely one officers remark is not being construed as indiciative of the attitude of the entire national Police Service? I ask this as someone who served for 37 years in the Police Service in west Yorkshire.
Of course not. But, take a cool, clear, mountain stream, fresh to drink and good to see. Now discharge the toxic waste product of some manufacturing process or other. It may only constitute 1% of the total mix, but none of it is fit to drink. Here's the problem. If even 80% of police officers are good, honest, efficient, hardworking types, that leaves 20%. If half of those are stupid or bent in some or other fashion, and half don't give a damn, which is which? Every police officer has the potential to wreck your life, or at least cause a disproportionate amount of grief. The problem is, the tossers among them do not wear an identifying badge to forewarn you. They look, and sometimes act, superficially at least, like all the good ones. The only practical way to deal with police officers is on the basis that they are all tossers, because you only need one in the chain and your life could be wrecked.
Posted 24 Dec 2013
SMILESPHOTO
Photographer
SMILESPHOTO
Thanks for all your advice and comments folks.

My main concern now is that I do voluntary work for a couple of charities - one involves disadvantaged children and the other vulnerable people, so I regularly have an enhanced CRB check carried out. Apparently my brush with the law will show up on this. Hopefully as I was innocent it won't affect anything.

Posted 5 Jan 2014
mph
Photographer
mph
SMILESPHOTO

Thanks for all your advice and comments folks. My main concern now is that I do voluntary work for a couple of charities - one involves disadvantaged children and the other vulnerable people, so I regularly have an enhanced CRB check carried out. Apparently my brush with the law will show up on this. Hopefully as I was innocent it won't affect anything.


Yeah right - mud never sticks does it?  No smoke without fire etc etc.

Worrying for you! 
Posted 6 Jan 2014
SMILESPHOTO
Photographer
SMILESPHOTO
I must admit Paul that if I'd have had to go to court to prove my innocence then that would have concerned me - it would have meant the police would have found something they believed I needed to answer to. Fortunately the fact they spent over 3 months not only checking my laptops, camera, pc etc. for anything untoward but also everything I've ever deleted over the last 20 years and found nothing, clears my name 100%. I just hope I don't get caught in a snowstorm as no-one will find me!
Posted 6 Jan 2014
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