Time Factors of Taking Actions Against the Police
Modern times have taught people a slew of lessons in life, one of which is to be vigilant and keep an eye on the preservation of one's basic human rights. A body of law was established long before we were born to maintain peace and order in society - and since no one is ever above these laws, everyone should be careful about their behaviour. This is especially true when the behavior in question is by the ones who should be implementing the laws in the first place - the police.
Perhaps you might not know it, but at some point in your life you were perhaps mistreated by a police officer. However, the ignorance of which law to act on and the potential damages that you can claim prevented you from rising above this crisis. It may not be too late to take actions against the police if you know the time frame that covers the time limit for filing a case. The court is very strict about the filing of these cases, and they should be within the time line decided by the court. This further means that your action should begin before this time line expires, otherwise you will miss your chance to claim compensation. For specific time frames:
1) False Imprisonment, Malicious Prosecution, Assault and Battery, Trespass to Land and Goods, Negligence and Conversion - filing of civil action should be issued to the court within a period of six years from the time of incident.
2) Negligence, Nuisance or Breach of Duty causing Personal Injury - should be filed within three years from the time of the incident.
3) Human Rights Act 1998 Claim, and Race Relations Act Claim - should be filed at the court within a period of one year for the former and six months for the latter.
Non-compliance with these time limits as ordered by the court will void the validity of your claim. The best way to avoid passing up on the limits is to seek lawful advice at the soonest possible time. There are better chances of succeeding with your claims the sooner you take actions against the police. What you can do while preparing the charges to be pressed is to gather all possible evidence that will very well support your claim, thereby increasing your chances of winning the case.
The evidence is especially necessary when the police officer refuses to reach an amicable agreement with you. There has to be mutual understanding that their offer is acceptable to you - but if it is otherwise, that is the time that you bring forth your evidence and attend the Court. Settling the claims with the police officer is probable before the court's initial proceedings or after them. A part 36 offer would refer to you suggesting means of settlement to the officer that is in your favor as the wronged party.
Settlements before court proceedings are better because before, during and after the trial is quite a long and tedious way to traverse. This can be a bane to both parties, and that is why most cases are once and for all settled before it reaches the need to proceed to court trials.
About the Author:
If you are looking for expert and professional legal advice on actions against the police visit the David Phillips and Partners website.
Article Marketing
5 people like this article
