Any physical force used in the course of a police officer carrying out his lawful duties must be necessary, reasonable and proportionate.
If an officer is found to have used excessive force when arresting or restraining an individual – which also considers the use of batons, tear gas Taser guns or firearms – then it may be considered to be assault.
Also, if the arrest is found to be unlawful, any restraint on an individual could then technically be considered an assault.
Any action which causes an individual to fear for their physical safety (such as a police officer raising their truncheon) may in itself (and without any actual physical contact) constitute assault.
If physical contact is also made this may be considered battery.
Experienced team in handling claims against police
Our team at Hudgell Solicitors have supported many clients in claims against the police assault and battery during arrest.
One victim was left with a long list of injuries – including needing a cast on his arm – when officers arrested him for being drunk and disorderly.
Such incidents often result in internal police disciplinary hearings and Independent Police Complaints Commission (IPCC) investigations.
In our experience, victims often feel such processes fail to hold the officers responsible fully to account for their actions.
We understand that for many, an acceptance of wrong doing and an apology is just as important as any compensation settlement.
If you were wrongly arrested, you could have a claim for compensation for any use of handcuffs and the taking of your fingerprints and DNA.
Even if you were lawfully arrested, you may have a claim for compensation if the force used by the police was excessive.
Making a claim against police through Hudgell Solicitors
Using our wealth of knowledge and expertise, we will give you straightforward and honest advice so that you know all of your options. We will also ensure your complaint is fully investigated independently.
We pride ourselves on cutting through the legal jargon to give you regular updates in plain English. That way you’ll feel positive in the pursuit of your claim and truly understand your rights.
No win no fee
- personal insurance cover so there’s no financial risk to you in pursuing a claim
- whatever the outcome of your case, you won’t have to pay a penny (provided that you fully assist us with your claim) other than an agreed percentage of your damages