Mr Matthew McConville, the Head of our specialised Actions Against the Police Department at Irvings Law has successfully represented a client in a civil claim against Merseyside Police. Mr McConville’s client wishes to remain unnamed in respect of such a case report and so will be referred to as ‘Mr O’.
Mr O was lawfully arrested by Officers from Merseyside Police on suspicion of harassment without violence which is a ‘summary only offence; only triable in the Magistrates’ Court. Despite this and whilst Mr O was in custody, Custody Officers within Merseyside Police proceeded to go to Mr O’s property and searched the same although a detainee being arrested for a summary only offence does not allow such conduct. After realising their error, the said Custody Officers then attempted to retrospectively justify their actions by then additionally arresting Mr O for harassment with violence/stalking which is an indictable offence; triable in either a Magistrates’ Court or the Crown Court and of which does allow such search conduct.
It is, in Mr O’s opinion, highly improper for an officer to try to arrest/charge a detained person with an offence in order to circumvent the criteria for a search. As such, Mr O sough expert assistance from Mr McConville who without hesitation offered no win no fee terms to Mr O. Once a retainer was signed, a Letter of Claim was sent by Mr McConville on behalf of Mr O to alleging Trespass to Land/Property.
In response to this, Merseyside Police wished to settle Mr O’s claim without admitting liability. To see an end to the matter, Mr O agreed settlement of his claim in the sum of £6,000.00.