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Assault By Police Officer

Assault, Battery and use of Excessive Force by Police Officers


A police officer using excessive or unnecessary force during arrest or other situation might lead to a criminal charge of assault.


Police officers are allowed to use reasonable force when making arrests or carrying out their duties – in some cases, where an individual resists arrest or assaults a police officer, restraints such as a Taser might be used. However, such methods must be used so as not to cause intentional injury to a person being arrested.


However, incidences of police officers using excessive force do occur – and in some cases, people have suffered serious injury or lost their life as a result.


Duncan Lewis Action Against Public Authorities solicitors can advise those who have experienced excessive force at the hands of the police on how to make a formal complaint to the police force in question as well as advising on appeals to the Independent Office for Police Conduct (formerly known as the IPCC) and judicial review of police and IOPC decisions.


Duncan Lewis is also able to advise the families of those who have been critically injured and cannot act for themselves or bereaved families whose loved one has lost their life as a result of assault or excessive use of force by the police on making a formal complaint and personal injury claim against the police.


There is a 12-month limitation period for making complaints to the police. For complaints made out of this time period, there must be a good reason for the delay.


Personal injury claims must be made within three years of the incident or diagnosis of injury.


We advise anyone wishing to make a complaint about police assault or excessive use of force by police officers to contact our Action Against Public Authorities solicitors as soon as possible, while the details of the incident are still clear and evidence – such as CCTV footage, mobile phone footage, or witness statements – is still available.


We may be able to secure legal aid, or to offer a no win no fee arrangement for advising on assault and battery complaints and claims – with competitively priced rates for privately funding a claim or After the Event (ATE) insurance, if either legal aid is unavailable or where a no win no fee basis is not possible.


For expert legal advice on actions against the police and assault or use of excessive force by police officers, call Duncan Lewis Action Against Public Authorities solicitors in confidence on 0333 772 0409.

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