This week’s blog post is an illustration both of how often the Police “arrest first and think later” when they believe their authority is being infringed, and the critical importance which the law of England and Wales places upon the liberty of the individual, such that even a mistaken arrest lasting for less than 5 minutes can attract significant damages.
Content Authenticity Statement
100% of this week’s blog post was generated by me, the human.
Police Arrest the Wrong Person: Child Mistaken for His Older Brother
My client Lewis is a young black man who suffers from a receptive and expressive language disorder. In the early hours of the morning, one day in March 2024, a large squad of Metropolitan Police Officers arrived at Lewis’ home address, intending to arrest Lewis’ older brother.
There was a significant difference in appearance between the two brothers: Lewis was 16 years old, approximately 5ft 4in tall, had dreadlocks and was of chubby build and darker skin than his brother.
Lewis’ brother was 28 years old, approximately 6ft tall, had a receding hairline, was of slender build and of lighter complexion.
A Mistaken Identity Arrest at Home
Lewis answered the door to the Police Officers upon their arrival, his mother and elder brother being asleep upstairs.
The Officers demanded Lewis’ name; he was shocked and confused and asked what was going on.
Officers Ignored Clear Differences in Age and Appearance
Without attempting to explain themselves, or to properly consider whether this child was really the man they were looking for, two of the Officers then entered the house, grabbed hold of Lewis, pushed him against the wall and handcuffed his hands behind his back.
One of the Officers now informed Lewis that he was under arrest on suspicion of breaching a Restraining Order and making threats to kill.
Lewis pleaded with the Officers that he was a minor and that they had the wrong person. He told them his name.
Only now did the Officers start to make proper enquiries. Some of them went upstairs and discovered Lewis’ older brother asleep in bed, arrested him and de-arrested Lewis.
Lewis’ older brother was then taken into custody.
Why the Arrest Was Unlawful
When Lewis’s Mum subsequently asked me to represent him I reviewed the evidence and was more than satisfied that the Officers had completely ‘jumped the gun’.
They should have been aware from the outset that Lewis was not the person they were looking for, given the very clear disparity in the brothers age and appearance. Sadly, they used their authority to bulldoze over Lewis’ personal freedom, traumatising and injuring him in the process, simply because he had not immediately answered their question. This is a question which Lewis was not obliged to answer in any event; it should have been the Officers who were explaining to him their proper purpose at the house, not simply barking orders at a frightened child and expecting them to be immediately obeyed.
The Lasting Physical and Psychological Impact of a Wrongful Arrest
I investigated the impact that this incident had had upon Lewis, as I will never leave a stone unturned when ensuring that my clients receive full and proper compensation, and established the following –
- Lewis was a person of the utmost good character and had no previous experience of being detained or arrested by the Police;
- When Lewis had to sit school exams the following week, owing to the injury caused to his wrist by the Police handcuffs, he had to have a teacher write (or “scribe”) his answers for him, which intensified his unpleasant memories of this event;
- That although his physical injury cleared up quickly, the psychological impact was much more long lasting, and a medical report from an independent psychologist whom I instructed on Lewis’s behalf established that he was now suffering from a phobia and depression (although his prognosis for a complete recovery was good).
Compensation for False Imprisonment: Why Even a Five-Minute Arrest Matters
The principles behind the calculation of damages for loss of liberty in our civil courts were set down in the famous case of Thompson & Hsu v The Commissioner of Police of the Metropolis , now almost thirty years ago. In that case the Court of Appeal acknowledged that the initial shock of an arrest, of being made a prisoner, having your liberty stripped from you was such a violation of your personal rights and integrity that even a very short period of detention should be compensated by a significant award, with every hour of detention thereafter worth progressively less and less (though never nil) as the reality of detention sank in and the infringement of your liberty became less painful. I have written about the rationale behind this case at length in a previous blog post, which you can read here.
The Thompson Guidelines and Damages for Loss of Liberty
In the hands of a skilled, specialist lawyer such as myself, this enables a case to be built that even such a transitory period of detention as was suffered by my client in this case, should give rise to substantial damages. No loss of liberty should be shrugged off lightly, particularly if it also involves a violation of the safety and security of your home.
£5,000 Settlement Secured Against the Metropolitan Police
In light of this, I am pleased to confirm that after commencing Court proceedings on behalf of Lewis, I have recently agreed a settlement of £5,000 damages, plus legal costs, with the Metropolitan Police for his ordeal.
You can also read here, the details of another case of mine involving a man wrongfully arrested when his brother was wanted – and one in which we were successful despite there being a great deal more similarity between the brothers.
Wrongfully Arrested? Specialist Legal Advice for Victims of Mistaken Identity
If you have been the victim of a mistaken arrest, even for only a short period of time, please contact me for expert assessment and advice in relation to your case.
My client’s name has been changed.
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Contact the Expert Police Misconduct Solicitor
Iain Gould is a solicitor specialising in complaints, claims and civil actions against the Police. With over 30 years of experience and a national reputation, he has successfully sued all 43 police forces in England and Wales challenging abuse of power and securing rightful compensation
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