Malicious prosecution can have a devastating effect on someone’s life. Being falsely charged with a crime is difficult enough, but when this is the result of deliberate wrongdoing by the Police it can be even harder to deal with.
This type of prosecution is different from simply being wrongly accused of a crime as there must be evidence of deliberate wrongdoing on the part of the Police.
Malicious prosecution experts
In some cases there has been gross injustice and abuse of power and the victims may have suffered months of anxiety fearing a serious conviction, attending court multiple times and sometimes having to pursue their case to appeal before they are acquitted.
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Claims for malicious prosecution require the claimant to prove that the police had no reason to pursue a prosecution. The outcome of any court case must also have been in favour of the defendant; for example that the case was dismissed or the defendant was found not guilty.
It is also necessary to show that the police pursued a prosecution which was not in the interests of justice.
In cases of malicious prosecution, it is often necessary to show that any evidence the police produced was manufactured – or that a police witness gave incorrect evidence or committed perjury (lied under oath in a court of law).
In malicious prosecution claims, a high standard of evidence is needed and it is also necessary to establish a motive for the malicious prosecution. We will build a case meticulously for the purposes of making a claim for malicious prosecution.
It is possible to claim for damage to reputation and any earnings lost as a result of malicious prosecution, as well as claiming compensation for any breaches of human rights, including the deprivation of liberty.
What are the elements of malicious prosecution?
To claim for malicious prosecution, a person must have had legal proceedings brought against them as the result of malice on the part of members of the police force or another prosecuting authority. Malicious prosecution could also be argued if proceedings were continued for this reason, despite it being clear that the suspect or defendant was innocent of the wrongdoing in question.
Anyone who has been acquitted of the crime in question, or has had the relevant case against them dropped, may make a malicious prosecution claim – as long as they are able to prove that the prosecuting authority acted with malice in bringing said case against them.
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