Assault, Battery, and Excessive Force
If you’ve been victim of police assault or use of excessive force, you may be able to make a no win no fee claim.
What is Assault & Battery?
Any non-consensual touching or application of force outside what is expected in everyday life is presumed unlawful. The main causes of action are:
- Assault – if you fear immediate unlawful violence, even if no contact occurs
- Battery – intentionally or recklessly applying force to someone
In practice, assault and battery are usually pursued together, as an assault often precedes a battery.
It is a defence for the police to show that any force they used was lawfully justified. Police powers to use force can come from:
- Section 117 of the Police and Criminal Evidence Act 1984, which allows a constable to use reasonable force when exercising lawful powers, including arrests and searches.
- Section 3 of the Criminal Law Act 1967, which allows a constable to use reasonable force to prevent crime or to effect or assist in a lawful arrest of a suspected offender or person unlawfully at large.
- Common law, which provides a general right to use reasonable force in self-defence or defence of others, and to prevent crime or effect a lawful arrest.
Whichever power is relied on, the force used must be necessary, reasonable, and proportionate, as subjectively apparent to the officer. If an officer goes beyond this, it may amount to excessive use of force. The use of weapons and equipment, such as tasers, CS spray, ASP batons, or police dogs, is judged in the same way.
If the police officer was not acting lawfully, for example if you were unlawfully arrested, then any and all force will be unlawful by extension. That unlawful force could include handcuffs, searching you, or the taking of fingerprints or DNA samples.
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Give us a call now to get an initial assessment and find out how we can help you.
Make A Claim for Excessive Force
We pride ourselves on helping our clients with the issues that matter most. That includes making sure the police are held accountable if they’ve treated you unfairly.
Our expert police claim solicitors are here to help you. We can offer you:
- No win no fee service
- We cover England & Wales
- Clear, easy-to-understand advice throughout the whole process
Call us on 01925 351 350 to get started with your claim.
Covering England & Wales