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A claim for false imprisonment may arise if you have been unlawfully detained. Examples of this may include:
- Wrongful arrest and subsequent detention;
- Illegal detention under the Immigration Act 1971 pending removal from the UK;
- A failure to be released from your prison sentence on the correct date; or
- Illegal detention under the Mental Health Act 1983.
A claim for malicious prosecution may arise when the police have prosecuted you for an offence that you did not commit and this prosecution was malicious and deliberate in order to cause you harm.
Types of damages
There are three types of damages that can be claimed for false imprisonment and malicious prosecution. These are basic, aggravated and exemplary damages:
- Basic damages are awarded for the actual time that you were imprisoned or for the wrongful prosecution.
- Aggravated damages are awarded for any mental distress or injury to feelings caused by the unlawful arrest or detention.
- Exemplary damages are to punish the relevant authority for any particularly oppressive or insulting behaviour. Exemplary damages are, however, only usually payable in exceptional circumstances.
You may also have a personal injury claim for a recognised medical condition if this was incurred solely as a result of the wrongful arrest or unlawful detention.
Damages Guidelines
The leading case in this area is the case of Thompson & Hsu v Commissioner of Police of the Metropolis [1998] QB 498, which gave guidelines as to the amount of damages that a Court should consider awarding. It held that:
- In a straightforward wrongful arrest and imprisonment case the starting point is likely to be £500 for the first hour;
- This amount will be reduced as time continues with damages of around £3,000 expected for a detention of 24 hours;
- A daily rate would then be applied at a much lesser rate;
- If aggravated damages are to be awarded then they are not likely to be less than £1,000;
- The total amount of basic and aggravated damages should be what is considered fair compensation for the injury suffered; and
- Exemplary damages should be awarded where the basic and aggravated damages are an inadequate punishment for the defendants. If these are applicable then they are not likely to be less than £5,000. The absolute maximum is likely to be £50,000 and the conduct for this would need to directly involve officers of at least the rank of superintendent.
Case examples
The above are, however, only guidelines and the actual damages would depend on the circumstances of the case. Specific examples of cases where damages have been awarded are:
- R v Governor of Brockhill Prison ex parte Evans [2000] 3 WLR 843 – The House of Lords gave damages of £5,000 for 59 days unlawful detention after completing an 18 month prison sentence due to the fact that there was no loss of reputation, shock or injury to feelings as the claimant had already been imprisoned legally for 18 months.
- Lunt v Liverpool Justices 1991 CA 5 Mar 1991 – The Court of appeal awarded damages of £25,000 for 42 days unlawful imprisonment due to the fact that all of the detention had been unlawful, the shock to the Claimant and the stigma related to having been imprisoned. The inflation adjustment of this award in June 2006 was £37,776.
- Mohidin and Ors v Commissioner of Police of the Metropolis [2015] EWHC 2740 (QB) – This case involved the wrongful arrest of three claimants. The first was awarded £200 for five minutes detention and £2,300 aggravated damages in respect of racist abuse for a few minutes. The second was assaulted, arrested and detained for 20 hours and was awarded £4,500 for basic damages, £250 for pain and suffering and £7,200 aggravated damages partly due to the fact that false allegations made by a police officer meant that he was wrongly strip searched. The third was detained for 10 hours and was awarded £3000 basic damages, £500 for pain and suffering and £3,500 aggravated damages.
The circumstances in which a claim can be brought and the damages that may be received will vary depending upon the circumstances.