When Can You Sue the Police? Common Questions Answered

You’re pulled over late at night and told to get out of the car and without warning, an officer uses a Taser, even though you’re not resisting. You’re stopped on the street, taken to the station, and subjected to a strip search without reasonable cause. A trained police dog is released on you even though you are not evading arrest. You’re arrested for a crime you didn’t commit, spend hours in a cell, and leave with bruises from being restrained.

These are not just unpleasant encounters. In many cases, they can be unlawful, and you may have the right to take legal action. If you’ve been harmed through contact with the police, it’s important to know what legal options might be open to you.

Below, we answer some of the most common questions people ask, from “Can I still seek compensation if I was convicted?” to “What if the police used excessive force?”. For each, you’ll find a real-world example, key points to know, and practical steps to help you act quickly and put yourself in the strongest position to succeed.

The police used excessive force during my arrest, but I was later convicted. Can I still seek compensation?
Sometimes the police have a lawful reason to arrest you at the start, but what happens next can make it unlawful. This can happen if they use excessive force without good reason, treat you in a humiliating way, or act in a way that’s influenced by discrimination, for example, because of your race, religion, disability, gender, or another protected characteristic. Discrimination and unnecessary force don’t just breach your rights, they can also make the arrest itself unlawful.

Things to be aware of: If you were convicted of a crime linked to the same incident, section 329 of the Criminal Justice Act 2003 can sometimes limit your ability to claim compensation for injuries caused by the police. It was brought in to stop people claiming for injuries sustained while committing an offence.

What can help your case:  Section 329 does not provide the police with blanket immunity. Where the force used was excessive, disproportionate, or unnecessary in the circumstances, a claim may still be possible. Whether section 329 applies will depend on the specific facts of your case, so obtaining specialist legal advice at an early stage is essential.

The police treated me differently because of my race. What can I do?

If you feel you’ve been treated less favourably by the police because of your race, you may have a claim for discrimination. The law is clear: under the Equality Act 2010, public authorities like the police must not discriminate against you because of protected characteristics such as race, religion, disability, sex, sexual orientation, age, or gender identity. This protection applies in all areas of police contact. Whether you’re being stopped and searched, questioned, arrested, or even making a complaint. Discrimination can be obvious, such as racist language, or it can be more subtle, such as being singled out for harsher treatment than others in the same situation.

Example: During a joint police operation, you are singled out and treated as a suspect, while others of a different ethnicity in the same group are questioned briefly and allowed to leave.

Things to be aware of: You must prove the unfair treatment happened because of a protected characteristic. Police rarely admit discriminatory intent, so cases rely heavily on indirect evidence, patterns, or comparisons with how others were treated. The time limit is short usually 6 months from the incident.

What can help your case: Act quickly because the time limit for bringing a discrimination claim is usually only 6 months. Write down exactly what happened as soon as you can, including the words used, the actions taken, and who was present. If anyone witnessed what happened, get their contact details and save any messages, photos, or videos relating to the incident. If you think you were treated differently to others, record what happened to them too. Your lawyer will be able to assess whether the treatment you experienced meets the legal test for discrimination.

The police used a dog on me when I wasn’t running and I now have a severe injury. Can I sue?
Police dogs should only be used when it is necessary and proportionate to the threat. They should not be used as a routine part of an arrest. They must be under proper control at all times, and their use must be justified by the circumstances.

Example: You are standing still and complying with instructions during a search when a police dog is released on you, causing deep bites and lasting injury.

Things to be aware of: Officers may argue that the dog was used to protect them, to prevent escape, or because you were acting aggressively. Challenging this often relies on clear evidence of your behaviour before and during the incident, such as body-worn video, CCTV, or credible witness statements.

What can help your case: Take photographs of your injuries immediately and over time to show the full extent of the harm. Seek medical treatment straight away and keep all records, including hospital notes and follow-up appointments. Ask your lawyer to obtain incident reports, body-worn video, police dog deployment logs, and any nearby CCTV footage. Your lawyer will be able to assess whether the use of the dog was justified or amounted to excessive force, and advise you on pursuing a claim.

The police strip-searched me without a good reason. Is that legal?

Police can only carry out a strip search when it is necessary, proportionate, and authorised by law. The search must be justified by specific circumstances, not just routine procedure. Strip searches can breach your rights under the Human Rights Act, especially Articles 3 and 8, and in some cases the Equality Act if discrimination is involved.

Example: You are stopped for a minor traffic matter and taken to a station, where you are strip-searched without any reasonable suspicion that you are hiding prohibited items.

Things to be aware of: The police may argue operational necessity or safety concerns.

What can help your case: You might have a stronger case if the police didn’t try a less intrusive search first, went straight to a strip search without good reason, carried it out in a way that felt like humiliation or punishment, or had an officer of the opposite sex conduct the search. It can also help if the search was done where other people could see you when that wasn’t necessary. Your lawyer will be able to assess whether these factors make your strip search unlawful and advise you on the next steps.

The police kept me in custody without a good reason. Is that false imprisonment?

False imprisonment happens when you are detained without lawful justification, even for a short period.

Example: You are taken to a police station, held for several hours, and released without any charges.

Things to be aware of: False imprisonment claims are hard mainly because police have broad statutory powers to arrest and detain, and courts give them a lot of leeway in using those powers. As long as they can point to a lawful basis under legislation like PACE 1984 (or another statutory power) and show they acted within that framework, the detention will usually be lawful, even if it later turns out you were innocent.

What can help your case: Write down the timeline of your detention while it’s fresh in your mind. Ask your lawyer to obtain custody records, charge sheets, and any available CCTV from the station.

The police charged me without evidence and the case was dropped. What are my options?

Malicious prosecution occurs when the police pursue a criminal case without reasonable grounds and with an improper motive, after the case ends in your favour.

Example: Being charged with obstructing police after making a complaint about officer conduct, when there was no evidence you obstructed.

Things to be aware of: You must prove both lack of reasonable grounds and malice. This is an very a high bar.

What can help your case: Keep all documents from your criminal case, including dismissal orders. Ask your lawyer to seek disclosure showing there was no evidence to support the charge.

An officer misused their powers and I suffered as a result. Do I have a case?

Misfeasance in public office happens when a police officer deliberately abuses their powers, knowing their actions are unlawful, and causes you harm.

Example: Fabricating evidence to support a charge.

Things to be aware of: Requires proof of bad faith or knowledge the conduct was unlawful.

What can help your case: Ask your lawyer to request internal police records, operational logs, and communications that might show the officer knew their actions were unlawful or was acting in bad faith. Evidence of similar misconduct by the same officer in other cases can also be useful. Your lawyer will be able to assess whether the evidence points to deliberate misuse of power and advise on the strength of your claim.

The police aren’t investigating my case. Can I challenge that decision?
If the police decide not to take further action in a case where you are the victim of a crime, you may have a right to challenge that decision under the Victims’ Right to Review (VRR) scheme. This gives you the opportunity to ask the police to look at the decision again and reconsider whether an investigation or prosecution should go ahead.

Example: You report a sexual assault, but the force decides not to investigate after an initial review.

Things to be aware of: There are strict time limits for making a VRR request, which is three months from the date you were told the case would not go ahead. The review will be carried out by a different officer or team from the one that made the original decision, but it is still an internal police process, so it is not independent like a court hearing.

What can help your case: Keep a record of when you were notified of the decision and request the reasons in writing if they are not provided. Gather any evidence or information you think was overlooked in the original decision. Your lawyer will be able to assess whether a VRR is appropriate in your case, prepare the request for review, and advise on other possible routes such as complaining to the Independent Office for Police Conduct (IOPC) or bringing a civil claim.

The police shared my personal information without permission. Can I claim compensation?

Police must handle your personal data lawfully. Sharing it without authority or a valid legal reason can breach data protection laws.

Example: Your address is shared without consent and without lawful basis, causing you harm.

Things to be aware of: Police may rely on exemptions for law enforcement purposes.

What can help your case:  Keep any letters, emails, screenshots, or other evidence showing your information was disclosed, and note who it was shared with and when. Record the impact on you, for example, unwanted contact, threats, reputational harm, or distress. If possible, gather witness statements from anyone who saw or heard your personal information being shared. Your lawyer will be able to assess whether the disclosure breached data protection laws and advise on how to pursue compensation.

Can I sue the police for entering my property?

Police must have lawful authority to enter your home or other private property. If they don’t, it can amount to trespass.

Example: Officers force entry into your home without a warrant or valid legal power.

Things to be aware of: Police may rely on statutory powers or claim urgent necessity to enter.

What can help your case: Write down exactly what happened, including the date, time, number of officers, and what they said before entering. Note whether they showed you a warrant or gave a reason for entry, and if so, record the exact words used. Take photographs or videos of any damage caused. Ask neighbours or anyone nearby if they saw the entry and, if so, get their statements.

I was hurt during an arrest. Can I seek compensation for my personal injuries?

If you suffer physical or psychological harm because of police actions, you may be able to bring a personal injury claim.

Example: Suffering a fractured wrist from unnecessary force during arrest. Suffering a psychiatric injury like PTSD from a violent arrest.

Things to be aware of: You must prove that the injury, whether physical or psychological, was caused by the police’s actions and not by another incident or pre-existing condition. This can be particularly difficult in situations where the victim has a pre-existing mental illness which is exacerbated by the incident. The police may argue the force used was reasonable or that your own conduct contributed to the injury. In addition, section 329 of the Criminal Justice Act 2003 can restrict claims if the injury occurred while you were committing an offence.

What can help your case: Get medical treatment immediately and keep all medical records, including GP notes, hospital reports, and mental health assessments. Photograph visible injuries over time. For psychiatric injuries such as PTSD, seek an assessment from a qualified psychologist or psychiatrist as early as possible, and keep a record of symptoms, therapy sessions, and any impact on your daily life or work.

My relative died in police custody. How can I get answers?

When someone dies in police custody, an inquest is held to investigate the circumstances.

Example: A family seeking answers after a relative dies in a police station following excessive restraint.

Things to be aware of: Inquests determine facts, not liability, so separate civil action is needed for to seek compensation.

What can help your case: Write down everything you know about the events leading up to your relative’s death and contact a lawyer as soon as possible so they can guide you through the inquest process, help you ask the right questions, and secure key evidence.

If you have been arrested and believe the police did not act in accordance with their duties and are considering making a complaint and/or a civil claim against them, our Actions Against the Police team may be able to assist. If you would like more information please call us on 020 7632 4300 or Make an enquiry and we will contact you.