Author: Matt McConville

AAP Team

Ian Kyle

Director

Nick Swales

Director

Matt McConville

Senior Associate

Lucy Smith

Senior Associate

Grace Milnes

Irvings Team

Man unlawfully detained for four days

Background

Mr Matthew McConville, Head of Irvings Law’s specialist Actions Against the Police, has successfully represented Ebrahim Elhachloifi in a claim for compensation against the Prison Service.

Mr Elhachloifi was arrested by Police Officers from the Metropolitan Police on suspicion of burglary and going equipped to the same before being taken to Wandsworth Police Station. Elhachloifi was subsequently charged and he later appeared before South West London Magistrates’ Court the next day where he pleaded not guilty for the offences that he was charged with. At this said hearing, the CPS made an application to refuse Elhachloifi bail and because he was unable to provide a bail address, he was remanded into prison. Once Elhachloifi had arranged a bail address, his matter was put before the same Court where he appeared via video link.

Despite opposition to Mr Elhachloifi’s bail application by the CPS, the Deputy District Judge granted the same ruling that any time that Mr Elhachloifi served on remand would likely exceed his prison sentence if found guilty and as such, no bail conditions were necessary. Thus, Mr Elhachloifi should have then been released once this said hearing concluded but unfortunately, this did not happen and instead the prison where he was remanded, kept him in there custody for another four days.

Representation

After learning of this, Mr Elhachloifi approached specialist Actions Against the Police Solicitors, Irvings Law, for assistance. Mr McConville immediately acknowledged that what happened was completely wrong and without hesitation, offered to act for Mr Elhachloifi by way of “no win, no fee” presenting  a claim to the prison service on the basis that Mr Elhachloifi’s extra four days in custody were unlawful.

Resolution

After presenting the claim, the Solicitors for the prison service wished to settle Mr Elhachloifi’s claim and an agreement was reached not long after such discussions took place in the total sum of £7,500.00 including the payment of his legal costs.

 

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