Can I take legal action against the police or seek compensation?

If you have been wronged by the police, the impact on you and your life may have been significant.

You may have suffered physical injury, or wrongful detention at a police station or in prison. Your health may have been affected, or you may have suffered financial loss.

You may have had your human rights breached or you may feel that you have been discriminated against because of a protected characteristic, like your age, disability, race or sex.

For example, it’s unlawful if:

• an officer treats you less favourably because of your race
• an officer doesn’t treat a crime seriously because of your gender or sexual orientation
• the conditions in police custody create unnecessary difficulties for you if you have a disability.

Using the police complaints process can offer some remedies to this (see section five) but you cannot claim financial compensation from the police in this way.

If you believe your human rights have been breached or you have experienced discrimination from the police, you can also consider contacting the Equality Advisory and Support Service for advice. JustRight Scotland also have factsheets about Human Rights Act Claims and Discrimination which may be helpful to you.

We understand that no sum of money can make up for any injury suffered as a result of your experiences. However, bringing civil damages claim against the police or seeking compensation may feel like an important way to secure justice for what has happened to you.

Civil action against the police can be complicated, and you should get legal advice from a solicitor. A solicitor will talk to you about important factors which need to be considered before deciding to proceed with a claim. These include the strength of your claim and how it might be funded. Your legal costs might be more than the amount of damages you would get. You might be eligible for legal aid, but you may have to pay a contribution towards the expenses of the case. If the court orders a monetary award through your court action, the Scottish Legal Aid Board may ask you to pay your legal fees.

 

There is a time limit of 3 years in which to raise a court action for civil damages if the incident or abuse occurred when you were an adult. There is no time limit to raise a court action in relation to an incident or abuse that occurred before the age of 18. In some circumstances, it may not be possible to proceed with an action for civil damages for abuse that occurred in childhood. You should get advice as soon as possible if you wish to take a case for civil damages.

 

You should think about the impact the process could have on your emotional wellbeing. The process can be long and stressful. Every claim is different and the time taken varies, but in some cases it can take a number of years.

 

It may be helpful for you to read the SWRC legal guide on civil damages . If you have any questions, you are welcome to contact our advocacy team on our helpline or contact form. They can arrange for you to speak with one of our solicitors for initial legal information and advice.

If you have been the victim of a violent crime perpetrated by a police officer, you can apply for compensation from the Criminal Injuries Compensation Authority (CICA). There’s information explaining the Criminal Injuries Compensation Scheme on GOV.UK. It includes the eligibility requirements and information about the application process.

 

To make an application for criminal injuries, you must first report the crime to Police Scotland or to the COPFS if the perpetrator was a police officer. There does not have to have been a successful prosecution. However, there needs to be sufficient evidence for CICA to make a decision.

 

There are time limits for making a CICA claim. Usually, you will need to make a claim within 2 years from the date the incident took place. There are exceptions to this time limit and you can find out more about these in the CICA guide on GOV.UK. If you would like further information about this or other aspects of making a CICA claim, you can speak with a SWRC solicitor for initial advice. To arrange this, please contact us on our helpline or contact form.

You can ask the police to provide you with a copy of the information that they hold about you by completing a ‘subject access request’. You can find out how to make this request on the Police Scotland website. Some advocacy organisations and support services may also be able to help you with this.

 

Please note that the police can refuse to give you some information, including other people’s data or data about investigations. 

 

If you’re unhappy with how your subject access request has been dealt with, you can contact the Information Commissioner. The Commissioner can investigate if your request was dealt with correctly.