To most people, False Imprisonment conjures images of famous miscarriages of justice where innocent people have spent years in jail. But these cases are the extreme end of the spectrum and in reality actions from Unlawful detention more commonly arise from police arrest – and increasingly against other bodies acting with police-like powers.
Although most claims for a False Imprisonment charge arise from interactions with police, there are many other circumstances where Unlawful Imprisonment may be an issue:
Imprisonment in Hospitals – including Mental Health Hospitals.
In cases of Domestic Violence and Coercion.
Inappropriate Behaviour from private security guards, such as store detectives.
You must be able to prove that you were detained. This means physically unable to leave a place or felt you were unable to leave. You do not have to be handcuffed, locked up in a Police cell or anywhere else to be detained and it could be on the street or in your own home. A False Imprisonment case could also arise from an incident in a shop or place of business.
However, the most common circumstances of detention involve the Police and arise from an Unlawful arrest. Unlawful Arrest, also known as False Arrest or Wrongful Arrest, can arise either when an arrest warrant is wrongly issued – possibly on mistaken information – or it can even arise from an incident such as being stopped on the street.
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