One of my key roles is to win appropriate compensation for people who have been unlawfully arrested – but I know that every one of my clients would quite happily trade the money that they recover if they were able to get back the time/liberty that was taken from them in such harrowing and disturbing circumstances as an unlawful arrest and incarceration in Police custody.
It is imperative that the Police take seriously their duty, ongoing during every minute of a person’s detention, to consider whether continued detention following arrest is justified and necessary. I am therefore pleased to see criminal charges being brought against an Officer for a failure to immediately release from Custody a man whom he knew to have been unlawfully arrested.
My comments stand whether or not the Officer is guilty of the offence of misconduct in public office – the fact that the charges are being brought shows a proper spotlight of seriousness and scrutiny being shone upon this crucial issue. Compensation is one thing, but the first thing that those who have been unlawfully arrested want is to be released and to be allowed to return to their lives as soon as possible.
PC James Martin of Hampshire and the Isle of Wight Constabulary has denied the offence awaits trial in 2025.
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