Civil actions against the police

What is a civil action?

A civil action is any legal action that is not a criminal action. Individuals may commence civil proceedings against the police with a view to getting compensation. To commence civil proceedings to get compensation is known is everyday language as "suing".

When might an individual have a civil action against the police?

An individual may have a cause of action against the police if the police act outside their powers. For example:

• If the arresting officer did not have reasonable grounds for the arrest;
• If an individual was falsely imprisoned by the police;
• If an individual was assaulted by a police officer;
• If the officer used excessive force when restraining the individual.

When does an individual not have a cause of action against the police?

Even if an individual is subsequently acquitted in respect of a charge, he is not automatically entitled to seek compensation from the police. In order for an individual to have a claim, there must be some element of misconduct in the way the police behaved.

What does not constitute misconduct?

The police have a right to use reasonable force whilst executing their duties. Therefore, if a police officer has used force against an individual, this will only amount to misconduct if the force was unreasonable.

What is a malicious prosecution?

A malicious prosecution is the prosecution of an individual without honestly believing that the individual committed the offence.

 What should I do if I want to pursue a civil action against the police?

An individual seeking to pursue a civil action against the police should seek legal advice from a solicitor who has expertise in this area.

What is the Independent Police Complaints Commission?

The Independent Police Complaints Commission ("IPCC") is an independent body which deals with the system of complains against the police in England and Wales. 

Information about the IPCC, including how to pursue a complaint against the police can be found here: http://www.ipcc.gov.uk/en/Pages/default.aspx

It should be noted that if an individual wishes to make a complaint regarding police misconduct, it must be done within 12 months.

How should the police behave?

First and foremost, the police should behave lawfully. The primary piece of legislation which sets out the law relating to police powers is the Police and Criminal Evidence Act 1984 ("PACE"), which can be found here: http://www.legislation.gov.uk/ukpga/1984/60/contents

To supplement PACE, there are various "Codes of Practice" which stipulate in detail how the police should behave:

• Code A deals with the police's powers of stop and search;
• Code B deals with the police's powers when it comes to the search of premises;
• Code C deals with the police's powers when detaining individuals, including how they should treat and question suspects.

Code A can be found here: http://www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-a-2011
Code B can be found here: http://www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-b-2011
Code C can be found here: http://www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-c-2012

These Codes must be readily available at all police stations for consultation by police officers, detained persons and members of the public.

The Police Code of Conduct

The police also have a code of conduct which can be accessed here: http://webarchive.nationalarchives.gov.uk/+/http://www.homeoffice.gov.uk/documents/police-code-consultation2835.pdf?view=Binary The code stipulates the professional standards by which the police should adhere to.