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Devon & Cornwall Police Pay Over £15,000.00 for False Imprisonment of Busker

Background

Mr Matthew McConville, Head of Irvings Law’s specialist Actions Against the Police, has successfully represented a client in a claim for compensation against Devon & Cornwall Police. Due to confidentiality, the client will be referred to as Mr G.

Mr G was busking like he has for over thirty years during which he was issued with a Direction Notice to leave under the Anti-Social Behaviour Crime and Policing Act 2014 over a 48-hour period. As he returned to the area within such a period, Mr G was arrested and transported to custody where he was interviewed and charged with an offence under the Violent Crime Reduction Act 2006 following which Mr G was bailed unconditionally to later attend Court. A few weeks later, Mr G was arrested for a similar matter when again busking before being taken once more to the Police Station and then being interviewed and charged but this time with an offence under the Anti-Social Behaviour Crime and Policing Act 2014. Mr G subsequently appeared at Court in accordance with his bail conditions in respect of his first arrest where he entered a not guilty plea before his case was adjourned to be dealt with together with his second arrest. Upon attending Court thereafter for trial, Mr G was informed that the cases against him were being discontinued due to evidential reasons.

Representation

After this, Mr G approached specialist Actions Against the Police Solicitors, Irvings Law, for assistance. Mr McConville immediately acknowledged that what appeared to have happened was not right and without hesitation, offered to act for Mr G by way of “no win, no fee” presenting a false imprisonment and assault/battery claim to Devon & Cornwall on the basis that the arresting Police Officers did not comply with the proper procedure for the use of dispersal powers as they were not authorised by a senior Police Officer and they held Mr G for longer than necessary in custody too.

Resolution

After initially robustly denying Mr G’s claim and just prior to Mr McConville issuing Court proceedings, Devon & Cornwall Police entered into settlement negotiations that resulted in Mr G settling his claim on a full and final basis in a sum in excess of £15,000.00 including the payment of his legal costs.

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