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Merseyside Police Trespass Upon Detainee’s Property

Merseyside Police Trespass Upon Detainee’s Property

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.

Posted in AAP Case Reports

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