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Jo C.
Jo C., Barrister
Category: Law
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as a civillian can i bring legal proceedings against a police

Resolved Question:

as a civillian can i bring legal proceedings against a police officer for harrasment or false arrest and what court should i use
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

i was was approached by a pc and a cpo the pc gave no reason for stoping me going about my buisness. he manoovered me against a small wall with his rush towards me i had no where to go and he barracked at me didnt give me time to answer his questions and repeated he then left with the cpo leaving me up set severly for several days indeed making an appointment to see a doctor becuse of my nerves which i ended up not needing to attend the incident took place in my town centre at 1015 in the mornin whilst i had a ciggerrete before going to mind a centre for people suffering or as in my case recovering from a mental illness it may be the second time this has happened but do not keep tabs on the police so have no record of other incidencies

Expert:  Jo C. replied 3 years ago.
Thanks.

Is the extent of this that he stopped you and asked you for an account of your movements?

If so, Whats the wrongful arrest point? Or actually the harassment?
Customer: replied 3 years ago.

the fact that he was literally shouting manouvered me against a wall without touching me and left me distressed giving no reason for stopping me going about my buisness, i will not take legal action on this occaission hopefully the police compliants system will deal with it its more to give me peace of mind if any further incidence such as this should take place

Expert:  Jo C. replied 3 years ago.
Thanks.

I'm sorry but I can't give you good news.

There was no arrest and so there is no wrongful arrest. This was a one off incident so there is no harassment.

There might be a complaint against this officer about the way he spoke to you. I know they are rude sometimes. That isn't unlawful per se but its not best practice obviously.

I'm very sorry but thats you position

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69788
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

if it happens again with same officer would i have a case in the first instance if i get satisfactory result from the police standards or compliants system i would not use in the first instance use a solicitor but could i bring proceedings on my own if i could not afford or find a solicitor to take the case on. this is all just in case to bring me peace of mind a local university has an extensive legal library which i could use for the finer details. thanks for answering my question its help put my mind at rest and was worth the cost please answer my final request regarding any further inappropriate action by this officer

Expert:  Jo C. replied 3 years ago.

 

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

If there are two or more incidents then you have the basis of a harassment claim although its always better to have a large number.

 

If there is a favourable finding from the IPCC then that will be very helpful. Probably they will accept that he was rude or something similar to that but it doesn't amount to gross misconduct.

 

Police officers are quite often rude and antagonistic and its not best practice but its not really misconduct. A good police officer doesn't need to have customer services skills.

Jo C., Barrister
Category: Law
Satisfied Customers: 69788
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you

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