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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1227
Experience:  Solicitor
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I had a domestic situation on Sunday 25th Sept which was not

Customer Question

I had a domestic situation on Sunday 25th Sept which was not serious. In decided to have my girlfriends clothes taken to her on the Wednesday. I had been at the property since the Sunday and the police had not contacted me.
After the clothes were returned by a friend to my girlfriend. approx 3 hours later 2 police officers knocked my door and said they where here regarding my girlfriends passport. Because of this and the fact they had not been round before within the 3 days prior, I genuinely believed there was no further issues and wanted to check the passport was not in the flat.
When they gained entry the conversation continued about the passport but also the domestic situation some 3 days before.
When I went in to the kitchen to get some water the police woman said she wanted me to stay in the front room. I felt something was wrong.
At that stage, the friend who dropped off the clothes knocked the door. He came in and also confirmed everything was dropped off to her.
Throughout I had been very polite.
My friend has confirmed the police where at my flat for approx 10 minutes when they said they would ring in to see if there was anything else regarding the matter. After a conversation I did not hear, they then informed me I was under arrest.
I am not big built, have no previous record or even situations with the police.
Also I spoke about the incident freely as I thought the whole visit from them was to collect my girlfriends passport. She has now confirmed, she due to friends making up stories called the police to tell them she now wanted to press charges.
Is all of the above correct procedure?
Steve.
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

HEllo Steve my name is ***** ***** I will help you.

What is it you want to achieve?

Customer: replied 1 month ago.
Hello, I wish to achieve an answer to the above question please.
Expert:  Jamie-Law replied 1 month ago.

I meant what is the result you want?

Customer: replied 1 month ago.
Wrongful arrest?
Customer: replied 1 month ago.
From what I can understand, they have not followed procedure, gained entry to my home, spent over 10 minutes talking and looking, without arresting me in a friendly manner.
Expert:  Jamie-Law replied 1 month ago.

They were there on the basis of a complaint received?

Customer: replied 1 month ago.
the details are above. Can you answer or not.
Customer: replied 1 month ago.
Hello, you have taken my money and not responded.
Expert:  Jamie-Law replied 1 month ago.

I am considering in great detail using your issue before responding

Expert:  Jamie-Law replied 1 month ago.

Thank you. If the police have a reasonable suscpicion then you can be arrested. If your partner or her friend made an allegation that is enough for sucpision.

However if there is no allegation they cannot arrest you and it would be wrongful arrest.

They are entitled to enter your property if they have been let in and they reasonably suspect an offence has been commits, they do not need a warrant

However if you want to sue for wrongful arrest then you can do the following steps.

You need to write and set out your losses and request a compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?

Customer: replied 1 month ago.
You have missed the whole point. They did not follow procedure to arrest me. They knew they where coming to arrest me, but gained entry by lieing to me. Then waited 10 minutes. Useless.
Expert:  Jamie-Law replied 1 month ago.

I understand that they lied to you and deceived you.

This is very bad if them. You need to teach them a lesson. Prosecute the, and claim compensation to show them that they can not treat good hardworking and upstanding citizens like yourself this way. You should also report this to the paper so that they can ogling how you have been wronged.

As I have said, you can bring a claim for wrongful arrest. Did you see how I outlined how to bring a claim for compensation?

I think for wrongful arrest though you would get less than £50,000 in compensation.

Expert:  Jamie-Law replied 1 month ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help.

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