Our Actions against the police team are pleased to confirm settlement for our clients claim, with Met offering to pay him £14k.
In June 2024, Our client Mr AB was outside Whitechapel underground station, when he witnessed what appeared to be a group of officers (together with a LB Tower Hamlets “Assertive Enforcement Officer”) harassing homeless people.
He became engaged in a verbal discussion with an officer PS and was critical of the approach of this group, noting that they ought to be helping homeless people rather than moving them on and / or threatening them with various forms of enforcement. A verbal altercation ensued during which the officer claimed that our client was engaged in “anti-social behaviour,”. He threatened without lawful authority to “stick him in cuffs” and when our client did not cooperate, used force to restrain him on the floor and threatened to break his wrist.
They then demanded our client provide his details and when he didn’t, explained that he was committing an offence under s50 Police Reform Act. After further debate, the officers then arrested AB for a public order offence and then for the s50 offence of failing to give his details when required.
Client arrest
His arrest necessity was given as needing to ascertain his name and address. However once at the police station he was detained for the purposes of “securing / preserving evidence” and “obtaining evidence by interview” police authorised a strip search, which was conducted unlawfully, contrary to PACE Guidance. No interview took place.
Our client was then charged with the non-imprisonable offence of s5 Public Order Act and unlawfully refused bail. The following day he pleaded not guilty and the case was adjourned for trial. At trial, with police not attending to give evidence, MK Law were appointed to represent him and he was advised by Hulusi Ali to maintain his not guilty plea. The case was adjourned again.
Client acquitted at second trial
Five months later in October 2024 our client attended at Stratford Magistrates’ Court for trial, represented by Harry Martin. After considering video footage of the incident and hearing the evidence of the police officers and a Council “Assertive Enforcement Officer” , our client was acquitted.
We threatened to sue for false imprisonment, breach article 5 ECHR, assault, trespass to person (unlawful search) and malicious prosecution. Police offered to settle this claim without even bothering to deny liability. In terms of the level of damages, we advised AB that he should take the matter further, as he could confidently expect to recover more than was being offered if we took the case to court.
The policing on display both in the footage and as recorded in the custody record is some of the poorest that I have seen.
Duncan’s thoughts
I salute AB for having the courage and belief necessary to plead not guilty in this matter when charged. The court were looking to avoid the time and expense of a trial in relation to a minor public order matter requiring the evidence of police officers and the council officer and were clearly hoping that in appointing MK Law to represent he might be advised to reconsider his position. Hulusi Ali stepped in and clearly and robustly identified the unlawfulness of the officers’ conduct and advised AB accordingly.
This is another case that illustrates the importance of high quality criminal defence representation.
As a result, AB concludes this matter without criminal conviction and with a decent amount of compensation for his treatment.
