In the Summer of 2023 my client Angus, a young man then in his early 20s, was arrested by the Metropolitan Police on suspicion of sending sexual messages/images to an under-age girl. Angus asserted his innocence and fully cooperated with the police investigation. His home was searched, his electronic devices were taken, and he was released under investigation.
Arrested Twice – for the same Offence
Then, some 6 months later, in January 2024, while Angus was still awaiting to hear the outcome of the investigation the Metropolitan Police returned to his home address and arrested him for exactly the same offence.
Angus tried to explain to the officers that he had already been arrested on this accusation and that his electronic equipment had already been seized. Notwithstanding this, he was handcuffed to the rear and taken into police custody.
Whilst the first arrest had taken place behind closed doors at a Police station – after Angus had voluntarily answered a Police request to attend there – this second arrest was a very different and more distressing affair, with Angus being led out of his house in a state of partial undress, and in full view of neighbours/ passersby, feeling shamed and humiliated.
After nearly 4 ½ hours at the police station the police realised their mistake, whereupon Angus was immediately released.
I am pleased to confirm that Angus subsequently received confirmation that no further action was to be taken against him regarding the original allegation.
Whilst Angus felt vindicated by this outcome, he was naturally deeply aggrieved by the shock and distress of his totally unnecessary second arrest – one of those Kafkaesque situations where thoughtless police bureaucracy bulldozes over the rights of the astonished individual.
Angus therefore, representing himself initially, presented a complaint and a claim to the Metropolitan Police.
Compensation for Wrongful Arrest
The Met obviously didn’t have a leg to stand on in terms of liability – there was no justification for this ‘double-jeopardy’ arrest and so they rapidly tried to ‘buy the claim off’ for a mere £750.
The solicitor representing the Met must have known that such an offer was significantly lower than Angus was likely to be awarded if he took his case to court, given the length of his detention, his handcuffing and the obvious outraging/aggravating factors of the arrest – but nevertheless sought to take advantage of Angus’ presumed lack of legal knowledge, and at that time, his lack of legal representation.
Angus would have suffered a second injustice if he had accepted such a paltry sum of damages – notwithstanding the fact that he did not have legal advice, if he had compromised his claim by accepting the offer, he would not have been able to go back upon it. The Metropolitan Police were under no obligation to ‘play fair’ regards to Angus’ claim and were in the eyes of the law fully entitled to cynically attempt to under-settle his claim. In other words, what they were doing was morally dishonourable, but not legally dishonest.
Thankfully, at that point, Angus sought my advice.
As soon as they were notified that Angus had retained my services, the solicitors representing the Met doubled their offer of settlement to £1,500.
I provided Angus with detailed advice explaining how his claim would be analysed and valued by the court and had no hesitation in encouraging him to reject this latest offer as well.
I am pleased to confirm that I have recently settled Angus’ claim for damages in the sum of £7,000 i.e. almost 10 times the amount which the Met originally offered him.
I consider this to be a stark reminder of the benefit of instructing an experienced legal professional to represent you in a claim against the police, which can never otherwise be a level playing field.
Angus found the right solicitor and he got the right result.
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