Being prosecuted for a crime you did not commit can be a distressing experience. If you were charged and the case was later dropped, or you were found not guilty at trial, and you believe the prosecution was pursued without reasonable and probable cause, you may be able to bring a claim for malicious prosecution against the police or another public authority.
Malicious prosecution claims are often complex and heavily defended, so it is important to instruct solicitors experienced in bringing claims against public bodies. Satchell Moran’s expert claims against public authorities solicitors act for clients throughout England and Wales.
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It is important you instruct expert solicitors in this area to deal with claims such as these matters as they are often complex and heavily defended by authorities such as the police. We are experts at bringing malicious prosecution claims against the police as we understand the challenges faced when bringing such a claim against a public body.
For us to pursue a claim for malicious prosecution it would be extremely helpful if you were able to obtain the full file of papers from your criminal solicitor before contacting us if you had a criminal solicitor representing you at the prosecution although this is not always necessary. Our specialist lawyers who have received national recognition for claims against the police will be able provide professional legal advice and guidance.
Police knowingly creating false evidence or tampering with evidence, manufacturing witness statements or lying while under oath.
Starting a prosecution based on a false accusation such an accusation of assault to cover up police misconduct.
Charging somebody without conducting a thorough or reasonable investigation, charging based on flimsy or insubstantial evidence.
Deliberately withholding or suppressing evidence that could prove the accused innocence.
Our dedicated team handle a wide range of malicious prosecution claims. We are experienced, professional and will be at your side every step of the way.
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If you think you have a claim, we can get the ball rolling if you would like to get in touch with us. Please use the details below or you can fill in the contact form and someone at Satchell Moran will get back to you.
Compensation can help cover lost income, and the effects of stress caused by a malicious prosecution. It can also provide financial support while you recover. It is important to seek legal advice as quickly as possible in these cases as they are subject to time limits.
We make the process straightforward so that you can focus on your recovery.
They are not necessarily the same. “Miscarriage of justice” is most often used to describe a wrongful conviction that is later overturned on appeal, which can lead to statutory compensation under section 133 of the Criminal Justice Act 1988, a separate government scheme administered independently of a civil claim. A malicious prosecution claim does not require a conviction at all; many arise where charges were dropped or the person was acquitted before any conviction occurred. If your situation involves an overturned conviction, tell our team so we can advise on the most appropriate route.
Time frames for claims against the Police, please note you have a 6 month limitation period to bring any claim under the equality act, 1-year limitation period to bring a claim for any breach of human rights, a 3-year limitation period to bring any claim for injury and a 6-year limitation period for any unlawful arrest/detainment/false imprisonment or trespass to your property.
Compensation can cover general damages (for pain, suffering, and loss of amenity, including mental distress), special damages (for financial losses like lost earnings), and exemplary damages in cases of severe misconduct.
Four elements are generally required: that the authority instigated the prosecution against you, that it ended in your favour, that it was brought without reasonable and probable cause, and that it was pursued with malice, meaning an improper purpose rather than an honest mistake. Each element must be established for a claim to succeed.
In some circumstances we can still bring a claim irrespective of a conviction although this can make matters more difficult.
We offer a no-win, no-fee agreement. This means you don’t pay a penny upfront. If we win, we take a success fee (typically 25%) from your compensation. Legal Aid is also available for eligible clients.
Wrongful arrest concerns whether your initial arrest or detention was lawful. Malicious prosecution concerns whether the decision to prosecute you was lawful and made in good faith. The two can arise from the same set of events, but each has its own legal test, and a claim may involve one, both, or neither depending on what happened.
Malicious prosecution claims generally must be brought within six years, under the Limitation Act 1980. Because one of the required elements is that the prosecution ended in your favour, this six-year period usually runs from the date the case concluded, such as an acquittal or discontinuance, rather than from the date you were originally charged.