Can I claim compensation for a mistaken identity arrest?
If you have been the victim of a mistaken identity arrest which resulted in you being deprived of your liberty, then you may be entitled to claim compensation.
Our police compensation team is currently dealing with a number of mistaken identity arrest cases. These claims involve complex legal issues such as ‘wrongful arrest’ and ‘false imprisonment’. It is therefore important to consult specialist solicitors, and our experts are here to provide you with a free review of your case and the availability of No Win, No Fee funding.
The police are under a legal duty to justify any arrest they make. This means they must be able to establish that they had reasonable grounds to make an arrest. When looking at mistaken identity cases it is important to consider the particular circumstances of how the arrest was made. Was it reasonable for the police officer to arrest you? Was there anything to suggest that the officer was making an error in arresting you based upon a mistaken belief about your identity?
It is common for victims of mistaken arrest to point out to the arresting officer that they are not the person the officer thinks they are. When the issue of identity is raised, a police officer must then weigh up that information and consider what additional steps can and should be taken to verify the correct identity. This might involve reviewing any available ID documentation, such as a driving licence or identity card. Or where the arrest is being made with the aid of photographic evidence, would a more careful consideration of the available images avoid a mistake being made? In cases we are dealing with, officers have failed to take the most rudimentary steps to verify identity, such as ascertaining the full name of the person they were arresting.
When an arrest has been carried out on the basis of mistaken identity and the police are deemed to have acted unreasonably, the amount of compensation that you are entitled to receive will depend upon what subsequently occurred. Were you for instance held in a police cell, and if so, how long did you have to spend there? Did the arrest occur in front of people that you know, or cause humiliation in any other respect? Has the ordeal affected your physical or mental health in any way? These are all important factors when determining the financial level of the claim and are issues that our team will thoroughly investigate.