Are You A Victim Of Police Misconduct?
We are taught from a young age to respect our police officers. They are the brave men and women who serve and protect the community we live in. But what happens when their integrity has been compromised? As difficult as it is to comprehend police offers sometimes make the wrong split-second decision, or worse—intentionally abuse their power. When misconduct of any kind occurs, even if you are guilty as charged, you have the right to pursue legal action.
What Is Police Misconduct?
Police are tasked with enforcing the law through due process. Sometimes police officers make sincere mistakes and sometimes they may conscious decisions that violate the rights of those they interact with. There are many ways in which misconduct can occur, some of the most common being:
- Wrongful arrest
- False imprisonment
- Malicious prosecution
- Police negligence
- Excessive force
- Human right breaches
- And more
What Constitutes Excessive Force?
There are many ways that excessive force can be defined. In most cases, it involves physically assaulting someone who is not resisting arrest or who has already been adequately restrained. This includes the use of a taser in a situation not considered high risk. While effective at subduing a prospect, tasers are physically painful, emotionally disturbing, can restrict breathing, and worst case can cause a heart attack. If you or a loved one was tasted during an arrest, guilty or not, let’s discuss if excessive force was used.
Your Right To Peaceful Protest
The right to peaceful protest is guaranteed under the European Convention of Human Rights (ECHR). While police have the authority under law to impose restrictions on planned protests, it is only when they have reason to believe the protest will result in property damage, disruption of the community, or serious public disorder. If you have filed for a permit and believe the police have imposed unlawful restrictions you have the right to appeal. Before you being your appeal reach out to a lawyer at Gulbenkian Andonian Solicitors.
If your peaceful protest has passed but you believe that you or other protesters were subject to police misconduct or excessive force or unfairly restricted once you arrived—we can assist with that too.
Violation Of Your Human Rights
Everyone in the UK is entitled to fundamental rights and freedoms as set forth in the Human Rights Act of 1998. These rights include:
- The right to life
- The right to a private life
- Freedom from discrimination or harassment
- Access to healthcare and medication
If police misconduct has violated your basic human rights reach out to a member of our legal team today. This includes being refused adequate healthcare while detained, access to essential prescriptions, or discrimination or harassment by a police officer.
False Imprisonment, Wrongful Arrest, And Malicious Prosecution
Police do not have the right to arrest anyone they wish. They must have reasonable grounds, reliable information, or evidence to arrest someone. You also have the legal right to an explanation of why you are in custody. Once you are in custody police officers must provide you with access to an attorney by request, no matter the time of day or night. At no point during arrest or questioning may they intimidate or use excessive force or abuse to get you to admit your guilt—or as a response to your admission of guilt. At no point in the investigation may they fabricate evidence against you or make false accusations. They may not pursue an arrest or investigation without sufficient information.
Being arrested or questioned is frightening. The average citizen simply doesn’t know their legal rights or is too intimidated to exercise their rights. If you or a loved one is the subject of police misconduct of any kind reach out to the team at Gulbenkian Andonian Solicitors today. We will work with you to gather the evidence required to regain your rights.