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Teen unlawfully arrested after court fail to update their system to reflect changes to his curfew

Background

Miss Olivia Kilgallon, Solicitor within Irvings Law’s Actions Against the Police Department, has successfully represented a client in a claim for compensation against His Majesty’s Court and Tribunal Service (HMCTS) after they failed to update their system and the Police National Computer that the hours of his curfew had changed resulting in him being unlawfully detained and assaulted on 12 July 2022. The said client wishes to remain unnamed for the purposes of this case report so will be referred to as ‘Mr Z’.

The Case

Mr Z had been placed on conditional bail with a curfew of 19:00-07:00. Mr Z later received a Youth Rehabilitation Order which changed the hours of his curfew to 22:00-06:00 for a short period of time. On 12 July 2022, Mr Z returned home at 21:22 i.e. before his curfew but was arrested by Lincolnshire Police Officers for breach of his bail conditions. Mr Z tried to explain the above, however the Officers did not want to know and continued to unlawfully detain Mr Z and transport him to Police custody.

Mr Z was unlawfully detained overnight and transported to Court the following morning. At Court, the presiding Magistrate identified the error in that their system and the Police National Computer had not been updated and advised Mr Z that he should never have been arrested.

Representation

Mr Z approached Data Protection and Actions Against the Police Specialist Solicitors, Irvings Law, for assistance with the above and Miss Kilgallon immediately acknowledged that what happened was completely wrong and without hesitation, offered to act for Mr Z under a no win, no fee agreement. A letter of claim was then sent to HMCTS alleging that there had been a breach of human rights, data protection and misuse of private information resulting in Mr Z being unlawfully detained and assaulted by Lincolnshire Police officers.

Resolution

In response to such a claim for compensation, HMCTS engaged in settlement discussions with Mr Z resulting in settlement of over £3,500.00 plus his legal costs without the need to issue and serve proceedings.

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