Bringing a civil claim against the police—known as an “action against the police” (or, AAP), is a daunting prospect.
These cases, decided on the balance of probabilities rather than the criminal standard of beyond reasonable doubt, often arise from allegations of wrongful arrest, excessive force, or breaches of human rights.
For many, the aim is justice, compensation, or simply holding authorities accountable. Yet, for those hoping to pursue such a claim through a Conditional Fee Arrangement (CFA)—a “no win, no fee” deal—the reality is sobering: even the best Action Against Police (AAP) solicitors may hesitate to take your case. Here’s why, and how you can improve your chances of being heard.
The Solicitor’s Inbox: A Flood of Desperation
Specialist AAP solicitors receive a torrent of inquiries—hundreds of emails weekly from people wronged by the police. Each message tells a tale of distress: an arrest that felt unjust, a physical altercation, or hours in custody without clear cause. But here’s the rub: these solicitors are already stretched thin, managing multiple cases that demand time, resources, and focus. Sifting through every email in detail, let alone evaluating its potential, is a near-impossible task. Your story, however urgent it feels, is one of many clamouring for attention.
Not Every Case Is a Winner
Before reaching out, it’s worth grasping what makes a claim viable. Not every arrest is unlawful, nor is every use of force excessive. The law affords police considerable leeway, and courts often lean towards their account unless evidence strongly contradicts it. Consider a scenario where someone was arrested and later released without charge, with visible injuries from the encounter. If they had footage or witnesses to back their story, their odds improve. Without such proof, however, securing CFA representation becomes a long shot. Solicitors know that convincing a judge—who may instinctively trust police testimony—requires more than a passionate complaint. They need solid evidence: recordings, independent statements, medical records, or gaps in the police’s narrative.
Crafting Your Pitch: Less Is More
When contacting an AAP solicitor, resist the temptation to pour out every detail of your ordeal in a rambling multi thousand word email. Solicitors aren’t after a saga; they want clarity and brevity. Stick to the essentials: the date, time, and place of the incident; the stated reason for your arrest (if any); whether force or handcuffs were used; how long you were detained; and the outcome (e.g., no further action, bail, or charges dropped). Then, in a sentence or two, explain why you think the police were at fault—something like, “I was arrested on a baseless accusation despite offering to cooperate, and officers used undue force without reason.” – keep it simple.
Steer clear of dictating legal arguments or speculating about police misconduct, leave that to the professionals. A competent solicitor will identify potential claims (e.g., assault, false imprisonment, or human rights breaches) and request more details if interested. Flooding them with a disjointed, emotional tirade risks your email being pushed aside for something more concise.
The Business of Justice
Solicitors aren’t charities. Yes, some are driven by a zeal for tackling police misconduct, Iain Gould, and John Hagan for instance, have carved out names in this field—but they still need to pay the bills.
Under a CFA, they invest months or years in your case with no guarantee of payment. If you win or settle, they’re compensated from the proceeds; if you lose, they walk away empty-handed. A tangled claim that could drag on for years, especially one with flimsy evidence, is a risk few can take. Even the most dedicated AAP solicitor must weigh the likelihood of success before committing.
This isn’t to suggest all solicitors are mercenary. Like any trade, there’s a range: some genuinely care about righting wrongs, while others chase straightforward victories. The challenge is finding one whose priorities match your needs—and persuading them your case is worth their effort.
Facing the Judge: The Real Test
Overcoming the police isn’t just about hiring a sharp solicitor; it’s about surviving a courtroom battle. Judges don’t automatically favour claimants—many begin with the presumption that police officers are truthful unless proven otherwise. Picture a case where someone alleges excessive force during an arrest. If they’ve got compelling evidence, they stand a chance. Without it, they might face a sceptical bench. A savvy AAP solicitor will assess not just the incident but you: Can you endure cross-examination from a barrister defending the police? Will your account hold firm under pressure? If the answer’s shaky, they may pass, knowing a loss could outweigh any reward.
There are risks for you, too. While a CFA spares you upfront costs, losing at trial could, in rare instances, leave you liable for the police’s legal fees, depending on the case. It’s a high-stakes endeavour, and not every solicitor is willing to gamble.
Tips to Stand Out
- Do Your Homework: Research what makes a claim actionable—unlawful arrest, excessive force, or detention breaches—and tailor your email accordingly.
- Keep It Tight: Aim for 200-300 words, maximum. Clarity beats volume.
- Gather Evidence: Photos of injuries, witness names, or police correspondence can make the difference.
- Proof read: Ask a friend to check your email. If it confuses them, it may well confuse a solicitor too.
- Be Realistic: Accept that even a solid case might not be taken if the solicitor’s workload is full.
The Bigger Picture
The police aren’t beyond reproach. Instances of overreach and abuse surface regularly, underscoring the need for accountability. Yet the system—police, solicitors, judges—doesn’t make it straightforward. Some AAP solicitors are exceptional, tirelessly advocating for clients; others are less committed, opting for easy wins. Meanwhile, you’re left navigating a process where the odds often feel tilted against you. Understanding these challenges won’t guarantee a solicitor’s support, but it might just help you rise above the crowd.
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