Claims for malicious prosecution require the claimant to prove that the police had no reason to pursue a prosecution – and the outcome of any court case must also have been in favour of the defendant; for example that the case was dismissed or the defendant was found not guilty.
It is also necessary to show that the police pursued a prosecution which was not in the interests of justice but for some other reason.
An individual who has gone through a court case and been justly acquitted may feel there might have been any number of reasons why the prosecution was pursued, including previous dealings with the police, a link to family members who might have a police record, or even the feeling that they were discriminated against because of their ethnicity or other reason.
In cases of malicious prosecution, it is often necessary to show that any evidence the police produced was manufactured – or that a police witness gave incorrect evidence or committed perjury (lied under oath in a court of law).
Duncan Lewis Action Against Public Authorities Solicitors frequently advise those who have been victims of malicious prosecution on how to bring a claim against the police for compensation.
Duncan Lewis is one of the UK’s leading criminal defence solicitors and our Action Against Public Authorities Solicitors are well placed to advise in cases involving malicious prosecution, including examining the evidence used in the prosecution and the reasons why a malicious prosecution has been pursued by the police.
In malicious prosecution claims, a high standard of evidence is needed –
and it is also necessary to establish a motive for the malicious prosecution. Duncan Lewis Action Against Public Authorities Solicitors will build a case meticulously for the purposes of making a claim for malicious prosecution.
It is possible to claim for damage to reputation and any earnings lost as a result of malicious prosecution – as well as claiming compensation for any breaches of human rights, including the deprivation of liberty.
Duncan Lewis may be able to secure legal aid, or to offer a no win no fee arrangement for advising on malicious prosecution claims – or, alternatively, a competitively priced fixed fee arrangement, and help with After the Event (ATE) insurance.
For expert legal advice on Actions Against the Police and Malicious Prosecution Claims, call Duncan Lewis Action Against Public Authorities Solicitors in confidence on 0333 772 0409.