Norwich Saving Animals From Exploitation (SAFE)
LEGAL ADVICE
CONTENTS:
INTRODUCTION
PROPERTY and PERSONAL SEARCHESLAWS AFFECTING PUBLIC DEMONSTRATIONS:
LAWS AFFECTING HOME DEMONSTRATIONS:
AT THE POLICE STATION
FINGERPRINTS and DNA
CAUTIONS
ACTIONS AGAINST THE POLICEWhen you are attending demonstrations you will almost inevitably come into contact with the police at some point. Your knowledge of the law is therefore always important, especially since the Government have been wielding their legislative weapon alot lately. The girls and boys in blue will constantly try and reduce the effectiveness of any demonstration by imposing coercive limitations upon you and your friends. Ultimately, you may be arrested on some bogus charge. It is important to be constantly empowered and aware what the suits in the Commons are up to and how the police are attempting to enforce these nonsenses they call 'laws'. Find a good solicitor or advisory body, keep your eye on the Internet and digest as much information about our shambolic legal system as you can. At the end of this leaflet there are some useful names and addresses to pursue. Remember that imprisonment is highly unlikely for any of these sections - an annoying fine is the usual outcome and then there is always the option to sue. In the meantime, it is well worth familiarising yourself with these pieces of legislation…
FIRST THINGS FIRST ON A DEMO:1. Stay away from the police whenever reasonably possible.
2. The police may attempt to have a 'friendly' chat and lay down some 'groundrules' for the day and for your behavior. This should be avoided- if it does happen, walk away. You are not obliged to stand around and listen.
3. The police may approach you and ask for your name and address. If you are driving you are legally obliged to supply your name and address. The police can ask for your name and address if they have 'reasonable suspicion' that you have committed criminal offence. They are almost certain to be bluffing if they try this on but I would judge each situation as it arises. It is very unlikely that they would be standing there asking for your details if they really did believe you had broken the law. So I would refuse to give my details.
4. If you are confronted by a particularly obnoxious PC- RUN!PERSONAL and PROPERTY SEARCHES:
Personal Searches after the Criminal Justice and Public Order Act 1994.
When can a police officer stop and search you?
Under Sec. 1 of the Police and Criminal Evidence Act 1984 the police can lawfully search you when they have 'reasonable grounds' for suspecting that you are carrying on your person or in a vehicle: a knife, drugs or stolen or prohibited articles. A prohibited article is either an offensive weapon or an article that can be used in the commission of a theft or burglary. A placard is not a prohibited article and the way you are dressed is not a lawful reason for a search. If necessary, walk away.
What information should be given about any search?
Before the search the police officer must tell you:
1. The reasons why you are to be searched.
2. Their name and station.
3. If not in uniform, her officer must prove their identity as a police officer (e.g. warrant card)
4. That you are entitled to a copy of the search record within 12 months, if you ask for one at the police station.Can a policeman stop and search you anywhere?
An officer can search you in any public place or any place to which the public has access (e.g. football stadium)How thoroughly can the police search you in a stop and search?
An officer may not ask you to remove any of your clothes in public except for an outer coat, jacket or gloves, even if the street is empty. If the officer wants to search you more thoroughly you may be detained for a few minutes in order to carry out the search, but no longer than is reasonable. The police can't detain you in order to find grounds to justify the search.
A more thorough search, e.g. the removal of a t-shirts may only take place out of public view and by an officer of the same sex as yourself, it may also not take place in the presence of any other who as of the opposite sex.Can the police use force in order to search you?
The officer can use reasonable force to detain and search you if necessary. The police are only allowed to use force if you have been given a chance to co-operate but have refused. If excessive force is used you may be able to claim for compensation for assault later.Are you entitled to a record of what happens?
Whenever a search has been carried out the officer must make a note of what happened, on the spot if possible, later if not.The search record must include:
1. Your name, or if you withheld it, a description of you.
2. Where a vehicle is searched, a description of it.
3. The object of the search.
4. The grounds for making it.
5. The date and time it was made.
6. Its result.
7. A note of any injury of damage to property resulting from it.
8. The identity of the officer making it.You are entitled to see a copy of any search record relating to your search within a twelve-month period.Searching your vehicle
An officer may search anything in or on your vehicle as well as the vehicle itself once they have decided that they have reasonable grounds mentioned above.
If your vehicle is left unattended when a search takes place, the officer must leave a note on the vehicle telling you:
1. What has happened.
2. Which police station the police officer is from.
3. That you may claim for compensation for any damage done during the search.
4. That you are entitled to a copy of the search record within twelve months, if you ask for one at the police station.Powers to search once arrested:
They may seize and retain any item. Clothes and personal effects may only be seized if the custody officer has reasonable grounds for believing g that they may be evidence relating to an offence. Where anything is seized, the officer must tell you the reason for the seizure unless you are violent, likely to become violent or incapable of understanding what is said to you. Always get receipts for any property seized.Can the police retain property which they have seized?
Anything seized for the purpose of a criminal investigation may be retained for use as evidence of an offence at a trial; for forensic examination or for investigation in connection with an offence. Anything may be retained in order to establish its lawful owner, where an officer has reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.Seizure of property before arrest:
The general rule is the police can't seize your property unless you are under and it is evidence of an offence. However, a police officer has a duty to prevent a breach of the peace. Where they have grounds for believing that a breach of the peace is occurring or is imminent they may do whatever is reasonable to prevent it. This would include seizing any property which they believe will be used to cause a breach of the peace. Once the threat of the breach of the police is over they must return any item unless you are arrested or reported for summons and the item seized is evidence of an offence.Criminal Justice and Public Order Act 1994: Section 60
If the police fear there is a risk of 'serious violence' they can apply for special powers under Section 60 of the Criminal Justice Act. This is rare but has been known to happen. Sec. 60 has to be authorised in advance by an officer in the rank of superintendent or above. It has to be within a designated area and within a specified time period. A Section 60 order allows the police to make random stop and searches for offensive weapons.
LAWS AFFECTING PUBLIC DEMONSTRATIONS:Highways Act 1980 Sec. 137 Obstruction
(1) to wilfully obstruct the free passage along a highway without lawful authority or excuseLike Section 5 of the Public Order Act, this is not an arrestable offence in itself- it becomes one if you continue to behave in the 'offending' manner after having been warned.
This Act extended police controls over public processions and marches and created for the first time controls over public assemblies. It abolished a number of common law offences, including riot, violent disorder and affray and replaced them with a wide range of statutory public order offences included as 'sections' of the Act.
Sec. 1 Riot
(1) Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.
(2) It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously…
(3) The common purpose mat be inferred from the from conduct.
(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5) Riot may be may be committed in private as well as in public places.
(6) Maximum conviction 10 years or fine or both
The offence is only triable on indictment. There is no maximum to the fine which may be imposed.Sec. 2 Violent Disorder
(1) Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.
(2) It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously.
(3) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(4) Violent disorder may be may be committed in private as well as in public places.
(5) Indictment to imprisonment: maximum of 5 years or fine or both.
Summary conviction: maximum 6 months or fine or both. On conviction on indictment, there is no maximum to the fine which may be imposed.Riot and Violent Disorder are arrestable offences by virtue of s 24(1) of the Police and Criminal Evidence Act 1984: basically if the cop believes s/he has reasonable grounds for suspecting you are about to, are committing or have committed one of these offences you can be arrested.
Sec. 3 Affray
(1) A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
(2) Where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of (1).
(3) For the purposes of this section a threat cannot be made by the use of words alone.
(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5) Affray may be may be committed in private as well as in public places.(6) A constable may arrest without warrant anyone he reasonably suspects is committing affray.
(7) Indictment to imprisonment: maximum of 3 years or fine or both.
In the context of affray, 'violence' does not include violent conduct towards property. Unlike Sections 1 and 2, you can only be arrested if the cop reasonably suspects you are 'committing' the offence- not if they believe you are about to or that you already have.
Sec. 4 Fear or provocation of violence
(NOTE: Sections 4 & 5 have also been used regularly by the police at home demonstations)
(1) A person is guilty of an offence if he-
(a) uses towards another person threatening, abusive or insulting words or behaviour, or
(b) distributes of displayed to another any writing, sign or other visible representation which is threatening, abusive or insulting,with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person.(3)A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
(5) Summary conviction to imprisonment: max. 6 months or level 5 fine or both.This offence is only triable summarily. It is not punishable with imprisonment.
Sec. 5 Harassment, alarm or distress
(1) A person is guilty of an offence if he-
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2) An offence under this section may be committed in a public place or a private place, except t ht at no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by s person inside a dwelling and the other person is also inside that or another dwelling.(3) It is a defence for the accused to prove-
(a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
(b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c) that his conduct was reasonable.(3) A constable may arrest a person without warrant if -
(a) he engages in offensive conduct which the constable warns him to stop, and
(b) he engages in further offensive conduct immediately or shortly after the warning…(6) On summary conviction: max. level 3 fine.
This offence is only triable summarily. It is not punishable with imprisonment. Always remember that Section 5 is a 'non-arrestable' offence, it is not an arrestable offence in itself- (See Sec. 24 PACE) -it only becomes one if you continue to behave in the 'offending' manner after you have been warned.
Section 12 Imposing conditions on public assemblies
(1) If the senior police officer, having regard to the time or place at which and the circumstances in which any public assembly is being held or is intended to be held, reasonably and to its route or proposed route believes that - (a) it may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or
(b) the purpose of the persons organising it is the intimidation of others with the view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do,he may give directions imposing on the persons organising or taking part in the assembly such conditions as appear to him necessary to prevent such disorder, damage, disruption or intimidation, including conditions as to the route of the procession or prohibiting it from entering any public place specified in the directions.(4) A person who organises a public procession and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(5) A person who takes part in a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(6) A person who incites another to commit an offence under subsection (5) is guilty of an offence…
(8) A person guilty of an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 3 months / level 3 fine or both.
(9) A person guilty of an offence under subsection (5) is liable on summary conviction to max.level 3 fine. (10) A person guilty of an offence under subsection (6) is liable on summary conviction to imprisonment for a term not exceeding 3 months / level 4 fine, or both…
These offences are triable summarily only. An offence under sub-section (5) is not punishable with imprisonment. 'Incitement' requires an element of persuasion or encouragement or of threats or other pressure which may well be implied as well as expressed.
Section 14 Imposing conditions on public assemblies
(1) If the senior police officer, having regard to the time or place at which and the circumstances in which any public assembly is being held or is intended to be held, reasonably believes that -
(a) it may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or
(b) the purpose of the persons organising it is the intimidation of others with the view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do,he may give directions imposing on the persons organising or taking part in the assembly such conditions as to the place at which the assembly may be ( or continue to be ) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to him necessary to prevent such disorder, damage, disruption or intimidation…(4) A person who organises a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(5) A person who takes part in a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(6) A person who incites another to commit an offence under subsection (5) is guilty of an offence…(8) A person guilty of an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 3 months / level 3 fine or both.(9) A person guilty of an offence under subsection (5) is liable on summary conviction to max.level 3 fine. (10) A person guilty of an offence under subsection (6) is liable on summary conviction to imprisonment for a term not exceeding 3 months / level 4 fine, or both…
These offences are triable summarily only. An offence under seb-section (5) is not punishable with imprisonment. 'Incitement' requires an element of persuasion or encouragement or of threats or other pressure which may well be implied as well as expressed.
Criminal Justice and Public Order Act 1994:Sec. 68 Offence of Aggravated Trespass
(1) A person commits aggravated trespass if he trespasses on land in the open air and, in relation to any lawful activity which persons are engaging in or are3 about to engage in on that or adjoining land in open air, does there anything which is intended by him to have the effect-
(a) of intimidating those persons...
(b) of obstructing that activity or
(c) of disrupting that activity…(3) Maximum conviction: 3 Months or max. level 4 fine or both.
This was of course Michael Howard's attack on the sabbing fraternity which specifically includes public rights of way such as footpaths. So, sab from the road or best of all avoid the police all together.Sec. 69 Powers to remove a Person Committing Aggravated Trespass
This created a new criminal offence of disobeying the orders of a police officer who has directed a person to leave the land if he/she 'reasonably believes that a person is committing, has committed or intends to commit the offence of aggravated trespass.' At this point you are supposed to leave the land as soon as is practicable and not return for 3 months.LAWS AFFECTING HOME DEMONSTRATIONS:
The Criminal Justice and Police Bill 2001
Sec. 42
Police directions stopping the 'harassment' of a person in his home
(1) Subject to the following provisions of this section, a constable who is at the scene may be given a direction under this section to any person if-
(a) that person is present outside or in the vicinity of any premises that are used by any individual ("the resident") as his dwelling;
(b) that constable believes that, on reasonable grounds, that that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who the premises as his dwelling), or the persuading the resident or such another individual-
(i) that he should not do something that he is entitled or required or to do; or
(ii) that he should do something that he is not under any obligation to do;and(c) that constable also believes, on reasonable grounds, that the presence of that person (either alone or together with that of any other persons who are also present) -
(i) amounts to, or is likely to result in, the harassment of the resident; or
(ii) is likely to cause alarm or distress to the resident.(2) A direction under this section is a direction requiring the person to whom it is given to do all such things as the constable giving it may specify as the things he considers necessary to prevent one or both of the following -
(a) the harassment of the resident; or
(b) the causing of any alarm or distress to the resident.(3) A direction under this section may be given orally...either individually or altogether.
(4) The requirements that may be imposed by a direction under this section include a requirement to leave the vicinity of the premises in question (either immediately or after a specified time).
(5) A direction under this section may make exceptions...may include -
(a) conditions as to the distance from the premises in question at which, or otherwise as to the location where, persons who do not leave their vicinity must remain; and
(b) conditions as to the number or identity of the persons who are authorised ... to remain in the vicinity of the premises.(7) Maximum conviction that can apply: imprisonment not exceeding 3 months or level 4 fine or both.
(8) A constable in uniform may arrest without warrant any person he reasonably suspects is committing an offences under this section. "Section 42 of the Criminal Justice and Police Act.
Like Sec 5 Public Order Act, breach of Sec. 42 is not an 'arestable offence' (See Sec. 24 PACE.) Unfortunately the section empowers a constable to impose directions verbally on persons demonstrating in the 'vicinity' of someone's dwelling, if he reasonably believes that their presence is likely to cause harassment alarm or distress. This includes, at the constable's discretion, the requirement to leave the vicinity altogether. It's worse than section 5 of the Public Order Act, as there's no need to show disorderly conduct etc. So a constable can ask you to move even if your behaviour is entirely peaceful, so long as you're outside someone's home. The act does not define 'vicinity', so that will be for the constable or the courts to determine. Also, it doesn't specify a minimum time limit, during which period it would be an offence to return to the dwelling. It simply says that constables may give directions in order to prevent harassment, alarm or distress, and that they may impose conditions on those directions, such as where the demo may take place, and the number of people allowed to take part. Importantly there's no defence under the act that the dwelling in question is also a business premises. That they can say that they're allowing you your freedom to protest but not to intimidate. The other important point to note is that this act hasn't made home demos illegal. The situation is exactly as it was before until the police arrive at the scene. The offence is committed when you fail to comply with the police officer's directions. If in doubt - LEGGIT! You are not under any duty to wait around for the police to warn you.Sec. 43 Malicious communicationsThe Malicious Communications Act 1988
(offence of sending letters or other articles with intent to cause distress or anxiety)-has been amending to include the transmitting of "electronic communications and oral telecommunications" i.e. e-mails and phone calls.
Sec. 44 Collective harassment
(amends the Harassment Act 1997 to include the following subsection):"(3a) A person's conduct on any occasion shall be taken, if aided, abetted, counselled or procured by another-
(a) to be conduct on that occasion of the other (aswell as conduct of the person whose conduct it is); and
(b) to be conduct in relation to which the other's knowledge and purpose, and what he ought to have known, are the same as they were in relation to what was contemplated or reasonably foreseeable at the time of the aiding, abetting, counselling or procuring."AT THE POLICE STATION REMEMBER:
1. If you are arrested make sure you know why. Do not get into the police vehicle until you are told. Remember the arresting officer's number and any officers who deal with you at the police station, especially if you were or are treated wrongly.
2. The police will want your name and address. This information should be given to the Custody Sergeant behind the desk. You will be asked alot of other questions (phone number, National Insurance number, shoe size, occupation etc.) but the only information you are legally obliged to supply is a name and address.
3. When you arrive at the police station you have three rights which you can exercise immediately or at any point during your detention-
i) You have the right to have someone informed of your arrest. Could be useful if no one saw you getting arrested. However, do not give anyone's phone number to the police unless it has been agreed in advance.
ii) You have a right to speak to a solicitor. Ask for the solicitor recommended by your group to be contacted. You should carry the details on you whenever you go on a demo. Ideally, there should be a second choice in case there is a problem.
iii) You have a right to consult the 'Code of Practice'. Not a particularly riveting read but it is worth a browse to pass the time.4. Of the above three rights, speaking to a solicitor is by far the most important and the one that you should insist on as soon as you arrive. You are entitled to free legal advice and representation whilst you are detained. DO NOT allow the police to fob you off with the duty solicitor. Your own solicitor will sympathetic and prepared for calls from activists.
5. When you are arrested you should have been cautioned. If you are cautioned you may well be cautioned again. The interview will be tape-recorded. The caution given to detained persons under the 1994 Criminal Justice and Public Order Act is as follows:-
i) You do not have to say anything.
ii) However, it may harm your defence if you do not mention when questioned something which you later rely in court.
iii) Anything you say may be given in evidence.6. The police will try to convince you that part ii) of this caution is the important part. However, it is far more useful to remember sections i) and iii). Anything you can say (and will) be used as evidence against you (or another activist!) This includes any conversation in the back of a police van, police station waiting area etc. as well as in official interviews. The best advice is to say nothing unless advised otherwise by your solicitor.FINGERPRINTS, PHOTOGRAPHS AND DNA:
Almost inevitably the police will want to take your fingerprints, photograph and possibly a DNA sample. This cannot be done without your consent unless :-
a) an officer of the rank of superintendent or above believes it will tend to confirm or disprove your involvement in an offence
or
b) you have been charged with a recordable offence or informed that you will be reported for such an offence.In cases where b) applies, if you refuse to give consent force may be used to take your fingerprints and DNA. This is your decision but 5the results may not be pleasant, However, the police may not use force to take your photograph. (Police and Criminal Evidence Act Codes of Practice -Code D Section 4.3)
The police may try and convince you that they can user force and some officers genuinely believe they can because they are so rarely challenged. Stand your ground and if necessary speak to your solicitor. There is nothing stopping the police catching you unawares e.g. appearing at your cell door with a camera -if this happens then cover your face with your hands and turn the other way.
Most police forces have one form for prisoners to sign giving consent for fingerprints, photographs and DNA samples to be taken. By signing this farm you will be giving the police your permission to take your photograph. Read everything carefully before signing. If you are in doubt, speak to your solicitor.The police may announce that they are giving you a caution instead if charging and try and pretend they are doing you a big favour. Accepting a caution involves admitting the offence. A caution counts as a criminal record although it is not as serious as being convicted in court. Do not accept a caution without seeking legal advice. In a very small number of cases it may be in your interests to accept a caution but the majority of the time police are trying it on because they don't have enough evidence to charge! If you accept a caution it is recorded by the police as a crime solved, there fore it improves their statistics.
.
Being arrested is often a confusing and intimidating experience. Stay calm and do not hesitate to consult your solicitor if you are in doubt, however trivial it may seem. It is your solicitor's job to provide you with advice and representation and they are getting paid to do so!
Make sure you have the solicitor's number and a group mobile number on your person and all times- if in doubt; ask another member of your group.If you are constantly aggravated about the way the police behave towards you and your fellow activists then the key thing to remember here is that nothing is ever likely to change unless you attempt to do something about it.
Here is a basic guide to taking action and all the details you need to do so:Complaints against the Police
If you feel that a police officer has behaved wrongly or badly, then you are the one that must make the complaint. First, decide what you think the officer did wrong. For example, was s/he rude to you? Did s/he use unnecessary/excessive force on you or your property? Did the police officer not have reasonable grounds for suspecting that an arrestable offence is either being committed, or is about to be committed? If so, you have every right to complain.
What to do?
1. Write a full account of what happened and send a copy to the Chief Constable of the force to which the officer concerned belongs; or if the officer is a senior officer above the rank of Chief Superintendent, to the officer's local police authority.
2. You can go to any police station and tell them you have a complaint to make. An officer there will take down the details for you.
3. Your solicitor can give advice on whether you appear to have a valid complaint and how to go about making it. Or you can go to local Citizens' Advice Bureau if you wish
4. Your complaint should include: What exactly happened? - What was done? - What was said? - When did it happen? - Where did it happen? - Was it seen by someone other than yourself and the officer? - Do you know how they can be contacted? - Do you have any proof of any damage?Suing the Police
Most people want to sue the police because the have been wrongly arrested, assaulted by the police or prosecuted for something they didn't do. Here are some things you should know about different types of action:-
Wrongful Arrest - Unlawful arrest and detention is called 'false imprisonment'. The police must justify any arrest and detention; so of you think they have acted outside their powers it is worthwhile getting further advice. False imprisonment can happen on the street, in your home, in a police vehicle and of course at the police station - in fact any place where the police control your freedom.
Assault - This is much wider than many people think. You are assaulted as soon as someone touches you without lawful reason to do so, and when they put you in fear of violence. Of course, it includes being punched and kicked and being subjected to illegal body searches. If you are assaulted b the police it is important to see a doctor straight away and for the injuries to be noted. You should also take photos of any injuries, if possible.
Prosecuted for something you didn't do - This is called 'malicious prosecution'. You have to prove that the police had no reasonable cause to prosecute you and that they had a 'wrongful motive' in doing so. You also usually have to win your case, which means that a) any charges were dropped before the case went to court, or b) you were acquitted in court.
Other complaints - You can also sue the police for negligence, trespass to land and goods, and a few other civil wrongs.Suing the police takes place in the normal civic courts such as the County Courts or the High Courts. You are suing the police for compensation for the wrongs done to you. It may, though, take two or three years for the matter to get to court…bit the possibility of a cheque at the end of it is always a good incentive to pursue the case to its conclusion.
What to do
Seek legal advice and pursue your claim as quickly as possible. You have three years to claim for assault resulting in personal injury and six years for other complaints concerning police misconduct. If court proceedings are not commenced within these time limits, the court may well decide that your claim is out of time.As soon as possible after the incident write a full statement of what happened. It is essential not o put this off as important details are easily forgotten. Include, if possible, the names and numbers of any police officer involved. Send this, with a covering letter giving a brief outline of the situation and a note saying that you re wanting to begin a civil action, to a solicitor. Also include your custody record (if applicable) - write to the relevant police station and request a copy. If the solicitor agrees that you may have a case and that s/he can take you on, you will receive a set of legal aid application forms. It is important to fill these in and return them as soon as possible so that work on your case can begin ( presuming you are granted legal aid in one form or another). It is advised that all individuals taking action in relation to the same incident should use the same solicitor and keep in touch on progress in the case. BACK TO CONTENTSESSENTIAL INFO: Recommended solicitors:
Irwin Mitchell Solicitors:John Davis and Iftikhar Manzoor, Ian Bailey,
St. Peter's House, 21 Queens St.,
Hartshead, Leeds LS1 2TW
Sheffield S1 2EL Tel: 0113 234 3333
Tel: 0114 276 7777Philip Edwards, Sara Leslie,
The Citadel, 150 Holborn,
190 Corporation St., London,
Birmingham B4 6QD EC1N 2NS
Tel: 0121 212 1829 Tel: 020 7404 3600
Irwin Mitchell Freephone: 0800 31 32 33ESSENTIAL INFO: Recommended solicitors:
Kieran Clarke Solicitors
Kevin Tomlinson
36 Clarence Road, Chesterfield, Derbyshire, S40 1XB Tel: 01246 211006 Fax: 01246 209786