Victim of unlawful arrest and malicious prosecution paid compensation by Metropolitan Police
In 2015 "M" was driving her car when she was pulled over by police. M had been having a meal out with her partner at a local pub. M co-operated with police officers and a breathalyser test was administered, which was negative. One of the police officers appeared annoyed and entered into a discussion with M's partner, which became heated.
The officer threatened M, stating to her partner words to the effect of "if you don't shut up she will get a ticket for failing to stop". This was the first time that any officer mentioned an offence of failing to stop. This came across as a threat towards M's partner rather than a notification that any action was being considered against M in relation to an offence.
M was not arrested or otherwise detained, but as she tried to leave the area, the officer grabbed M by the shoulders, which is an assault.
M was later permitted to leave the scene but subsequently received a postal summons to attend court. An offence of failing to stop was pursued at the Magistrates Court, but was later dismissed after hearing the evidence of the police officers. Following a complaint M made to the Metropolitan Police, one of the officers involved was subject to misconduct proceedings. He received a written warning as a result for assaulting M, amongst other things.
M pursued a claim for false imprisonment, assault, malicious prosecution and misfeasance in public office. The claim successfully settled following pre-action correspondence.
M was represented by Ruth Mellor at Saunders Law.
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