Can I Claim Damages for Unlawful Detention? A Complete UK Legal Guide

Can I Claim Damages for Unlawful Detention? A Complete UK Legal Guide

Learn your rights to claim damages for unlawful detention in the UK. Understand how compensation is calculated, legal time limits, and how both prisoners and immigration detainees can challenge unlawful imprisonment.

Unlawful detention—whether through wrongful arrest, false imprisonment, or excessive immigration detention—is a serious violation of personal liberty in the UK. Victims may be entitled to compensation, sometimes amounting to thousands of pounds, depending on the circumstances.

Immigration Detainees and Legal Uncertainty

Unlike criminal prisoners, immigration detainees face less certainty over release dates. Detention is governed by legal principles set out in cases such as R (Singh) v Governor of Durham Prison [1983] and Walumba Lumba [2011] UKSC 12, which require:

• Purpose of Deportation – Detention must be solely for removal.
• Reasonable Time Limit – Detention can only last for a reasonable period.
• No Prospect of Removal – If removal cannot happen soon, detention must end.
• Diligence and Speed – Authorities must act promptly to arrange removal.

Unfortunately, immigration detention is often excessive, arbitrary, and sometimes entirely unjustified.

Wrongful Arrest and False Imprisonment Claims

What Counts as False Imprisonment?

False imprisonment occurs when someone is deprived of their liberty without lawful cause, even for a short time. This includes:

• Police mistaken identity arrests
• Stop and search abuses
• Unlawful use of force or restraint

The burden is on the police to justify the detention. If they fail, custody is deemed unlawful.

Physical vs Non-Physical Detention

A person does not need to be physically locked up. A mere assertion of authority preventing free movement can be enough to claim.

Legal Time Limits for Claims

Under the Human Rights Act 1998, claims should be brought within 12 months.

However, if missed, you can still claim within six years from the end of the detention under private law.

Can Deported Individuals Claim?

Yes. Even if you’ve been deported, you can file a claim from abroad. However, if detention would have been lawful had procedures been followed, damages may be nominal only.

How Compensation for Unlawful Detention is Calculated

Courts assess damages based on:

• Length of detention
• Circumstances of arrest
• Shock and distress caused
• Aggravating factors (e.g., oppressive conduct, abuse of power)
• Physical or psychological harm

Key Case Examples

• Thompson v Commissioner of Police for the Metropolis [1998] – £220,000 awarded (including exemplary damages).
• Governor of HMP Brockhill Ex Parte Evans – £5,000 for 59 days.
• Kingshott v Ministry of Justice [2009] – £7,500 for 10 days.
• Abdulrahman Mohammed v Home Office [2017] – £78,500 for 445 days.
• R (Belfken) v SSHD [2017] – £40,000 for 295 days.

Court Guidelines on Damages

The case of MK (Algeria) v SSHD [2010] set out important rules:

• Damages should reflect the specific harm to the claimant.
• Compensation is not a fixed daily rate.
• Higher awards are made for the initial shock of detention, with a tapering scale for subsequent days.

Aggravated and Exemplary Damages

• Aggravated damages – For additional humiliation, distress, or poor conduct by authorities.
• Exemplary damages – Punitive awards to deter oppressive or unconstitutional conduct.

Example: In Abdillaahi Muuse v SSHD [2009], the court awarded £50,000 total, including aggravated and exemplary damages.

Factors That Increase Compensation

You may receive higher damages if your case involves:

• Prolonged detention without removal plans
• Failure to follow proper legal procedures
• Use of physical force or assault
• Resulting injury, disability, or psychological harm

Practical Steps if You Believe You Were Unlawfully Detained

• Gather Evidence – Custody records, witness statements, medical reports.
• Seek Legal Advice – Contact a solicitor specialising in unlawful detention.
• Act Quickly – Keep limitation periods in mind.
• Document Impact – Keep notes on emotional and financial consequences.

FAQs About Unlawful Detention in the UK

Q1: How much compensation can I get for unlawful detention?
Amounts vary. A wrongful 24-hour detention may be worth around £3,000, but longer or aggravated cases can reach six-figure sums.

Q2: Can I claim if I was detained for just a few hours?
Yes. Even short unlawful detentions are actionable.

Q3: Can immigration detainees claim damages?
Yes. Especially if detention continued when removal was not imminent.

Q4: What if I missed the 12-month deadline under the Human Rights Act?
You can still bring a claim within six years under common law.

Q5: Will I still get compensation if I was guilty of another offence?
Possibly, but the court may award only nominal damages if lawful detention would have occurred anyway.

Q6: Can I claim for both false imprisonment and assault?
Yes. Damages can be combined for multiple wrongs.

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