Unlawful arrest

An unlawful arrest occurs when a person is detained or taken into custody by a law enforcement officer without the proper legal justification or without following the established legal procedures.

It can be considered unlawful in the UK under various circumstances, including:

Lack of reasonable suspicion: The arresting officer must have a reasonable suspicion that the individual has committed or is about to commit a crime. If there is no reasonable suspicion
Incorrect arrest procedure: The arresting officer must follow the correct arrest procedure, including informing the individual of the reason for their arrest, their rights
If the arresting officer detains the wrong person based on incorrect information or identification may be unlawful.
Failure to provide legal rights: When a person is arrested, they have the right to legal representation and to remain silent
If the individual is held in custody for an excessive or unreasonable period without being formally charged
Absence of necessity (eg you were arrested upon attendance at the police station for a voluntary interview)
On the basis of a warrant that had already been executed

Recent cases involving Unlawful arrest

We represented a client who was arrested upon attending a pre-arranged appointment at the police station. They justified the arrest by claiming that although they did not know where he lived they had to search his home address. As a result, they authorized a search of his parents’ home instead. The justification for the arrest was questionable since there was no clear link between the IT equipment the police were looking for and the suspected offence they were investigating. We successfully got compensation in the value of £10,000 for the client.

Useful Information

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