At MK Law, we are committed to upholding the rights of individuals in custody and holding authorities accountable when those rights are breached. A recent case handled by solicitor Daniel Rubinstein is a powerful reminder of that commitment—and of the law’s clear stance on unlawful detention. Daniel successfully secured a compensation payment of £1,500 plus legal costs for a man who was detained at HMP Thameside for three days beyond his lawful release date, despite having been granted bail.

The client had appeared in court and was granted bail, yet was not released from custody within a reasonable time—an error that amounted to an unlawful deprivation of liberty.

This case serves as a stark reminder that once a court orders the release of a person from custody, that release must be carried out as soon as possible. Any delay—unless properly justified—can amount to a breach of that individual’s rights and may give rise to a claim for damages.

Other common scenarios that may lead to unlawful detention claims

Unlawful detention isn’t limited to delays after bail is granted. Other examples include:

• A person acquitted at trial but not released promptly;
• Where time served on remand has not been properly deducted from a custodial sentence;
• Where  a sentence meant to run concurrently is wrongly recorded as consecutive, leading to extra time in custody.

These situations are more common than many realise—and in each, there may be a valid basis for pursuing compensation.

Know your rights

Once a court has ordered a person’s release that individual is legally entitled to be released as soon as possible. In practice, this should usually mean within a couple of hours of the prison receiving the order. Delays must be reasonable and justified, not excessive.

One common lawful reason for a short delay is the time taken to check whether the person is wanted for another offence or has been remanded in another matter. However, even in those circumstances, the delay must not be disproportionate. Prolonged or overnight detention without justification—even if only for a few hours—can give rise to a claim for compensation for unlawful detention.

Unlawful detention can happen for a variety of reasons—administrative errors, failures in communication, or simple neglect. Regardless of the cause, the law is clear: no one should remain in custody a moment longer than legally permitted.

If you or someone you know has been detained in custody beyond the time allowed by law, you may be entitled to compensation.

How can you tell if someone is being held too long?

If you’re concerned that a person may be held in custody beyond their lawful release, and you have proper authority, you can call the prison directly to confirm their status. This simple step can sometimes make the difference between a timely release and an unnecessary delay. Alternatively, you can ask the solicitor who initially represented the defendant to make these enquiries on your behalf.

Holding authorities accountable

MK Law is experienced in identifying when a delay amounts to unlawful detention and in holding prisons and public authorities to account. Our recent success in securing compensation for our client highlights the importance of vigilance, swift action, and legal expertise in protecting liberty.

Think you have a claim?

If you or someone you know has been held in custody after bail was granted or beyond the end of a sentence, we’re here to help. Even a delay of just a few hours can justify a claim, depending on the circumstances.

Use the form below to contact us and we’ll advise you on whether you have a potential claim and guide you every step of the way.