MK Law’s Actions Against the Police team has secured £5,000 in compensation for our client following a claim arising from an unlawful arrest for an alleged breach of bail conditions.
Alleged breach of electronic monitoring bail conditions
Our client was subject to conditional bail with an electronic monitoring tag. In the days leading up to the arrest, our client contacted Serco, the electronic monitoring provider, to request a portable charging unit for the tag. During a telephone conversation, a Serco operative advised that an agent would attend our client’s home within the following few days. However, no specific date or time was provided, and our client was not instructed to remain at home awaiting the visit.
A Serco agent subsequently attended our client’s home while our client was out. Our client had received no advance notification of the visit and was not required to be at home at the time. Nevertheless, Serco treated our client’s absence as a breach of bail conditions and notified the Metropolitan Police.
Arrest and detention following an alleged Bail Breach
The police appear to have accepted the notification without further scrutiny. Our client was arrested, detained overnight at a police station and brought before the Magistrates’ Court the following day.
At court, our client was represented by an MK Law solicitor, who made representations to the Crown Prosecution Service (CPS) that the circumstances did not amount to a breach of bail conditions. The CPS agreed, and the allegation was withdrawn. Our client was readmitted to bail on the original conditions and released at approximately midday, having spent just over 24 hours in detention.
£5,000 compensation for an Unlawful Arrest
MK Law subsequently pursued a claim against the Metropolitan Police arising from the arrest. Duncan Burtwell instructed a barrister Hayley Webster of Matrix chambers. The claim has now settled, with the police agreeing to pay £5,000 in compensation.
The case highlights the serious consequences that can arise when an alleged breach of electronically monitored bail conditions is reported and acted upon without sufficient scrutiny of the circumstances. It also raises wider questions about the responsibility of monitoring providers and the police when allegations of non-compliance are made.
In this case, MK Law also explored a data protection claim, but Serco declined to accept liability or agree to a settlement. The compensation was ultimately secured from the Metropolitan Police.
Client review: Support throughout the Legal process
Our client shared their experience of working with the MK Law team in a review on Review Solicitors:
Working with Duncan felt a lot less stressful than I expected. He explained things in plain language, didn’t rush me, and checked in so I always knew what was happening. It felt like he actually cared, not just about the case, but about me getting through it okay.”
