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Malicious Prosecution Claims

Have you suffered as a result of malicious prosecution? You could be entitled to an official apology and compensation. Find out if our panel can help today.

A wrongful arrest or false imprisonment is distressing and may significantly change the course of your life. Now, imagine being deliberately wrongfully arrested. How would that make you feel? Being deliberately arrested for unlawful reasons is known as malicious prosecution, and if you have been a victim of it, our expert panel of Malicious Prosecution solicitors may be able to help. 

Many of us would not know who to turn to if we were put through this ordeal. Fortunately, there are many options available to you if you have or a loved one has suffered as a result of malicious prosecution. Our expert panel of Actions Against The Police solicitors have years of experience in helping law-abiding citizens get compensated for the abuse of power, gross injustice, distress and anxiety that the malicious prosecution has caused you.

Below, we explain what a malicious prosecution is and your next steps if you have been a victim. 

 

What is Malicious Prosecution?

When a police officer (or any authority with prosecuting powers) initiates a charge against another party or an individual with malice or malicious intent, that person of authority commits malicious prosecution.

The public puts their trust in the police force and prosecuting authorities, so an act that violates this trust is considered a tort or civil wrong. It causes individuals to suffer from emotional distress, anxiety, and damage to their reputation. 

Malicious prosecution can happen simultaneously with a wrongful arrest or false imprisonment, but it is different from being mistakenly accused of a criminal act, because it was committed with deliberate malice. A wrongful arrest or false imprisonment is a mistake but it is not usually done with malice or in bad faith. As such, misjudgements and other simple errors do not qualify as malicious prosecution.

An act done in bad faith includes tampering or falsifying evidence, covering up investigation errors, and favouritism and bias by the case investigators.

A malicious prosecution complainant is a victim of:

  • False accusations, such as when a police officer falsely testifies that the complainant assaulted them when what actually happened was the opposite
  • Fabricated evidence against the complainant
  • One-sided or unsubstantial  

 

Who can claim Malicious Prosecution compensation?

The following are the eligibility requirements for claiming malicious protection compensation:

  • Proof or evidence that the charge against you was fabricated or falsified by the police officer

The police officer or person of authority must have acted without reasonable grounds. They already believed that you committed or were about to commit a crime even before taking any action.

 

  • You went to court for the offence against you and were proven innocent

Your malicious prosecution claim will only be valid if the case against you has concluded. In the same manner, you cannot claim compensation if you lost the case; it should have been ruled in your favour, the charges were dropped, or you were acquitted.

 

  • The police officer’s/s’ case against you must have been done with malicious intent

It is not sufficient enough to claim that you were wrongfully charged; you should be able to prove there was malicious intent on the part of the police and the prosecuting party. There should be evidence that the officer or prosecutor knowingly committed the act in bad faith. For example, the police officer approached and charged you with the offence even if they knew that you did not do anything that was against the law. They already decided to charge you even if they did not yet know the details of your actions. No proper investigation was done before laying the charges.

 

  • The malicious act must have caused you damage (emotional, financial, and personal)

Any wrongful and malicious act can cause you emotional (depression, distress, anxiety, lowered self-esteem), financial (case costs), and personal damage (smeared reputation). 

The malicious prosecution claims process can be complicated and challenging because you do not only have to prove that the police officer wrongly arrested and charged you, but that they also had a malicious motive for doing so - that it was done in bad faith. This is why it is often better to work with a panel of Actions Against The Police solicitors who understand the process and exactly what you can do to build your case against the police. 

 

How much compensation could I receive?

The amount of compensation that you can receive from a malicious prosecution claim depends on several factors, including the severity of your case, legal costs incurred throughout the process, and the damage it caused to your reputation.

Your panel of solicitors will talk to you about this as you prepare to make your claim. The goal should be to give you back what was taken from you when the police officer or prosecutor decided you were guilty without reasonable grounds. Compensation can include damages based on the pain and suffering you have endured, and can also compensate you for any days missed off work and medical bills.

 

How Can ClaimExperts.co.uk help you?

The panel of malicious prosecution solicitors at ClaimExperts.co.uk are highly skilled in filing claims for police misconduct, including malicious prosecution. Our panel’s years of experience are an assurance that they know what to do every step of the way. 

Our panel of solicitors has:

  • Extensive knowledge and experience in police misconduct claims
  • Outstanding track record in malicious prosecution cases
  • First-rate professional legal services

The panel of solicitors at ClaimExperts.co.uk is committed to making the tedious and challenging malicious prosecution claim process easier and more convenient for you. Get in touch with them now to check your eligibility for malicious prosecution compensation.

Ready To Get Started?

ClaimExperts.co.uk provides a free educational service to the public, and connects potential claimants with pre-vetted legal firms operating on our panel. 

Our panel of legal firms all:

  • Operate on a No-Win, No Fee Basis
  • Require No Upfront Fees
  • Are Regulated by either the FCA or SRA

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