If you have been unlawfully detained by the police, we understand that you will be feeling distressed and wondering what to do next. At Draycott Browne Solicitors, our dedicated team of expert criminal defence solicitors are here to make sure that your legal and human rights are protected, and to ensure that you receive the robust legal representation you deserve.
At Draycott Browne, we recognise the devastating impact that unlawful detention resulting from a misuse of authority can have on your life, your family, your career, and your future. Being wrongfully deprived of your liberty is a serious violation of your rights, and we are committed to ensuring that justice is served. Our expert criminal defence solicitors have extensive experience in challenging cases of unlawful detention across England and Wales, with specialised knowledge in holding authorities accountable and securing the best possible outcome for our clients.
With over 20 years of experience, we have a strong track record in handling cases of police misconduct and unlawful detention. Our dedicated team is committed to fighting for justice and ensuring the best possible outcome for you. No one should have to endure the consequences of misuse of authority, and you do not have to accept unlawful treatment. Contact us today, and let us help you reclaim your rights and freedom.
Why choose Draycott Browne?
At Draycott Browne, our team of skilled criminal defence solicitors have extensive experience in handling complex cases of police misconduct and unlawful detention. We understand the intricacies of the legal system and are committed to ensuring that your rights are protected.
We are known for our personalised approach, so when you contact us, we will listen to your story and seek to understand whether you have sufficient evidence to make a case for unlawful detention. If we think that you have grounds to seek compensation, we can guide you through the process, help you to compile necessary evidence, and represent your interests in legal proceedings.
Our proven track record of successful outcomes is testament to our ability to navigate even the most challenging legal scenarios with tenacity and precision, so if you need advice or guidance relating to unlawful detention, contact us today.
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Our Unlawful Detention & Wrongful Arrest Team
What is Unlawful Detention?
Unlawful detention occurs when a person is held in police custody without legal justification. Even if an arrest was initially lawful, detention becomes unlawful if the police fail to follow legal procedures, such as holding someone for longer than permitted under the Police and Criminal Evidence Act 1984 (PACE). Some common examples of unlawful detention include:
- Keeping someone in custody beyond the legal time limits without charge.
- Holding a person without proper authorisation from a senior officer or magistrate.
- Continuing to detain someone despite having no evidence to justify their arrest.
PACE sets strict rules on detention time, generally limiting it to 24 hours before a charge must be made. However, in some cases, this can be extended to 36, 72, or 96 hours with the proper legal approvals. For terrorism-related offences, detention can extend up to 14 days. If the police have breached these limits, the detention may be unlawful, and you could be entitled to compensation.
What does it mean to be wrongfully arrested?
A wrongful arrest occurs when someone is taken into police custody without lawful reason. Under PACE, the police must have reasonable suspicion that a person has committed or is about to commit an offence. If they fail to meet this standard, the arrest is unlawful. Wrongful arrests can happen in several ways, including:
- Arresting someone without reasonable suspicion of a crime.
- Failing to inform the individual of the reason for their arrest.
- Mistaken identity, where the police arrest the wrong person.
- Relying on false or misleading information to justify an arrest.
An arrest may also become wrongful if force is used unlawfully, or if officers do not properly follow legal safeguards such as allowing access to a solicitor.
While wrongful arrest and unlawful detention are closely linked, they are legally distinct. Wrongful arrest refers to the initial act of taking someone into custody without justification, while unlawful detention concerns the period of time they are held after arrest.
For example, if the police arrest someone without reasonable suspicion, that is wrongful arrest. However, if the police continue to detain them unlawfully—for example, by keeping them in custody longer than the law allows—that is unlawful detention. In some cases, a person may experience both wrongful arrest and unlawful detention in the same incident.
What should I do if I’ve been unlawfully detained?
If you believe that you have been detained unlawfully, it's crucial to stay calm and take specific steps to protect your rights. First, remember that you have the right to legal representation and to inform someone about your detention.
You should ask to speak to a solicitor immediately and inform them of your situation. It's always best if you can remain polite and cooperative, whilst also clearly stating that you believe your detention is unlawful. You should document everything you can, taking note of the names and badge numbers of the officers involved, the time and place of detention, and any witnesses.
After being released, contact a solicitor who specialises in unlawful detention cases as soon as possible. They can help you gather evidence, file a complaint, and potentially seek compensation for any damages you suffered. It's also advisable to keep records of any emotional or financial impact the detention had on you, as this information can be useful in any legal proceedings. Taking these steps can help to support your case, ensuring that your rights are upheld and that those responsible for your unlawful detention are held accountable.
Can I claim compensation if I’ve been unlawfully detained?
If you've been unlawfully detained, you may be entitled to claim compensation.
When bringing a claim, the burden of proof lies on the police to justify their actions. If they cannot provide a lawful reason for your detention, their actions will be deemed unlawful. There is no minimum period of detention required for a successful claim, but the length of detention does influence the amount of compensation awarded.
Claiming compensation for unlawful detention is rooted in the protection of your human rights and can cover a range of damages, including emotional distress, loss of earnings, and any harm suffered during the detention period.
If you think that you have been unlawfully detained by the police and you would like to speak to a solicitor about your case, get in touch with Draycott Browne today. Our team is highly experienced in this area of the law and can advise you on the next steps for you to take. Remember, timely action is essential, so reach out as soon as possible to discuss your case and explore your options for claiming compensation.
Specialist Unlawful Detention Lawyers
- 24/7 Availability
- Proven Success in High Profile Cases
- Non-Judgemental Representation Tailored to Your Situation
Protect your future with trusted, expert legal defence—contact Draycott Browne’s Wrongful Arrest Solicitors today.
24 hour availability
Arrests cannot always be foreseen and can come at a time when you least expect it. Our legal advisors are available 24 hours a day, 7 days a week, ready to assist you whenever you need us. We can represent you at the police station to make sure you and your case are treated fairly and appropriately.
Legal aid
Everyone should be able to properly defend themselves, but unexpected legal fees can come as a costly surprise. If appropriate, our solicitors at Draycott Browne can guide you through the application process so that you have the best chance of receiving the financial assistance you need.
Private funding
At Draycott Browne, we are committed to supporting clients who choose to apply for Legal Aid funding. However, it’s important to understand that Legal Aid can limit the level of resources and support we are able to dedicate to your case.
Opting for private funding provides access to the very best legal representation from our specialist Unlawfull Detention & Wrongful Arrest Solicitors. This approach allows us to allocate more time, expertise, and resources to your defence, ensuring your case is handled with the utmost precision, creativity, and focus.
Through private funding, we can fully utilise the capabilities of our experienced legal team to meticulously examine every detail of your case. No element will be overlooked, and every potential avenue will be thoroughly explored to build the strongest possible defence on your behalf.
If you have been Unlawfully Detained, we strongly recommend considering private funding. It ensures you receive unrivalled legal support and significantly improves your chances of securing the best possible outcome.
Related areas
Contact our Unlawful Detention Solicitors
At Draycott Browne, we provide expert legal representation for individuals who have been subjected to unlawful detention due to the misuse of authority. If you have been wrongfully detained by law enforcement or other authorities, our highly skilled general crime solicitors have the expertise to challenge this serious violation of your rights and fight for the justice you deserve.
Nationally recognised for our success in handling complex cases of police misconduct and wrongful detention, we have a proven track record of securing justice for clients across Manchester, Liverpool, Preston, Blackpool, Leeds, Nottingham, Birmingham, London, and throughout England and Wales.
As one of the UK’s leading Criminal Defence Law Firms, we take a proactive and strategic approach, tailoring our representation to the specific circumstances of your case. Our specialist legal team is available 24 hours a day, 7 days a week, providing immediate support, expert legal advice, and robust representation when you need it most.
If you or a loved one has been unlawfully detained and are seeking legal assistance to challenge this injustice, contact Draycott Browne today for trusted guidance and determined legal representation.