A claim for malicious prosecution can arise where the police or another prosecuting authority bring and/or continue proceedings against a person in bad faith or out of malice.
In order to succeed in a claim for malicious prosecution, you first need to show that a prosecution was brought against you which ended in your favour, either because you were acquitted at court or because the case against you was dropped. This is usually quite straightforward to establish.
However, it will then be necessary to look at the relevant police officers' actions and what their motivations were, to show why the decision was made to prosecute you and that it was made improperly. It may be that a police officer did not have sufficient reason to arrest you in the first place and so fabricated or exaggerated an account of what you had done to make your arrest seem lawful, or that you were accused of assaulting a police officer in an attempt to justify an officer's excessive use of force against you.
These aspects of a malicious prosecution claim can be difficult to prove. Therefore, if you are concerned that you have experienced something similar which caused you to suffer some loss (be it to your liberty or financially) or damage to your reputation, it is important to speak to a specialist solicitor to give you the best chance of establishing what happened and of receiving any compensation which you may be entitled to.
Civil Actions Against the Police Specialist Legal Advice
At Saunders Law, we offer expert legal assistance and representation in civil claims against the police, including for false imprisonment, assault, and malicious prosecution, misfeasance in public office and under the Human Rights Act. We can also assist you in making a complaint against the officers involved. We're well-known for actions against the police and other state authorities, and take a thorough and determined approach to cases, working hard to ensure that you obtain the appropriate level of damages for the wrong that you have suffered. All of our solicitors within the Civil Liberties and Actions against the Police Department have extensive experience in this area.