Actions Against The police

Police must act in accordance with the law.  If they do not act within the law their actions are unlawful.  The law that applies is the Law Enforcement (Powers and Responsibilities) Act 2002 - LEPRA

LEPRA applies to all police conduct including: 

• the action of detention and arrest (stopping a member of the public from leaving) - section 99 below, 
• the use of force (touching a person), 
• searching a person in a public place, 
• the seizure of property,
• Interviewing a suspect,
• Holding a person in custody at a Police Station.

If police have not complied with LEPRA they have acted improperly.  You can take action against Police if they have  acted unlawfully or improperly.

If Police have acted improperly they may not be able to proceed with the case.  Police may have to pay money to you if they have acted improperly and you have suffered because of their unlawful actions.

If you believe police may have acted improperly Don't Delay - Call  Us Now

1. Section 99 of LEPRA confers statutory powers on police to arrest without warrant. The provisions of s.99 of LEPRA are as follows: 

“99 Power of police officers to arrest without warrant 

(1) A police officer may, without a warrant, arrest a person if: 

    (a) the person is in the act of committing an offence under any Act or statutory instrument, or 

    (b) the person has just committed any such offence, or 

    (c) the person has committed a serious indictable offence for which the person has not been tried. 

(2) A police officer may, without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person has committed an offence under any Act or statutory instrument. 

(3) A police officer must not arrest a person for the purpose of taking proceedings for an offence against the person unless the police officer suspects on reasonable grounds that it is necessary to arrest the person to achieve one or more of the following purposes: 

   (a) to ensure the appearance of the person before a court in respect of the offence, 

   (b) to prevent a repetition or continuation of the offence or the commission of another offence, 

   (c) to prevent the concealment, loss or destruction of evidence relating to the offence, 

   (d) to prevent harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence, 

   (e) to prevent the fabrication of evidence in respect of the offence, 

   (f) to preserve the safety or welfare of the person. 

(4) A police officer who arrests a person under this section must, as soon as is reasonably practicable, take the person, and any property found on the person, before an authorised officer to be dealt with according to law.”