An inquiry into claims of mistreatment of women and girls by Greater Manchester Police has uncovered evidence of harrowing and inhumane treatment of females, many of whom were extremely vulnerable, while in Greater Manchester Police custody.

A report by Dame Vera Baird KC heard from over fifteen people, including three men, who provided evidence for the report highlighting Greater Manchester Police’s “shocking disregard for rights of those coming into contact with the criminal justice system”.

Of those fifteen, Dame Vera found seven had been unlawfully arrested. Custody records, detention logs, crime reports, witness statements, and CCTV footage were among documents and data that was examined revealing how women had been strip-searched without police telling them what they were looking for. It is a contravention of the European Convention on Human Rights for strip searches to be used punitively.

The Inquiry also looked more broadly at treatment upon arrest and in detention.

  • One man reported being led through a custody suite unclothed and subsequently locked in a cell without clothing for eight hours. He was informed that a blanket would be provided once he “behaved.”

  • Two women testified that they bled through their clothes after being denied sanitary protection. A disabled woman soiled herself due to her inability to access the cell toilet and her calls for assistance being ignored. Another woman used her clothes for hygiene purposes when not provided with toilet paper.

  • A rape survivor recounted being pinned down by officers after becoming agitated when one of them attempted to calm her by grabbing her. When she screamed that she was a survivor of sexual abuse, the officers used physical restraint, exacerbating the situation.

  • A woman was arrested while trying to protect a young family member from an alleged abuser. The girl was initially left with the man, despite a court order prohibiting him from contacting her. Additionally, a domestic abuse victim was arrested for bruising her partner’s arms while he was strangling her.

  • The report noted how bodycam footage of some of the incidents was not found, while others had gaps where police wrongdoing was alleged to have happened.

All except one of the arrests led to no further action being taken by police.

Greater Manchester Mayor Andy Burnham, who oversees Greater Manchester Police stated the report “reveals is a problematic culture and practices that must change”.

He added: “As people will be able to read in the personal narratives, many of those people were vulnerable before their arrest, as survivors of domestic or sexual abuse, and did not pose a risk to the public”. “And yet, they were put through a demeaning experience of police custody and, in some cases, strip search.

“In all cases featured, there are examples of extremely poor, indefensible and inhumane treatment.

“A recurring pattern is what appears to be a lack of even-handedness in the investigation of disputes, where the more vulnerable person is reduced to a state of even greater vulnerability and those posing a greater risk to public safety do not receive the same attention.”

Chief Constable Stephen Watson said the force “accepts the recommendations” made, and commits “to implementing them fully and faithfully with a view to making lasting improvements”.

He added: “The issues raised in Dame Vera’s report speaks to a period when our custody system was under pressure not performing to an acceptable standard.

“It evidences poor systems, structures, and incivility, insensitivity and compounded by a lack of routine leadership, scrutiny, and individual examples of low standards, poor behaviour, insensitivity, and a lack of care in the face of vulnerability.”

Our Experience with Claims Against the Police

At Farleys, we frequently receive inquiries from individuals seeking to file complaints against police forces across the UK for situations similar to those mentioned above.

Potential claims include:

False Imprisonment

A recurring complaint made against the police is wrongful or unlawful arrest.

In order for an arrest to be lawful, the arresting officer must have reasonable grounds to suspect the commission of an offence AND reasonable grounds to believe that it is ‘necessary’ to arrest for one of the reasons specified in PACE s24(5).

Under s24(5) these reasons are:

  • (a)to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person’s name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

  • (b)correspondingly as regards the person’s address;

  • (c)to prevent the person in question—

    • (i)causing physical injury to himself or any other person;

    • (ii)suffering physical injury;

    • (iii)causing loss of or damage to property;

    • (iv)committing an offence against public decency (subject to subsection (6)); or

    • (v)causing an unlawful obstruction of the highway;

  • (d)to protect a child or other vulnerable person from the person in question;

  • (e)to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

  • (f)to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

This means that often the primary issue in cases involving unlawful arrest is the necessity of the arrest. Whether an arrest is necessary means it is the “practical and sensible option”. A voluntary interview is often the most appropriate alternative to an arrest. In such circumstances, arrest will only be necessary where there is some reason to believe that, for example the arrestee may not cooperate with a voluntary interview, may collude with others or may destroy evidence (ie a s24(5) reason applies). Time can also play an important role.

If you have been falsely imprisoned you may be able to bring a claim for damages to compensate your loss of liberty, discomfort, inconvenience, injury to dignity and loss of reputation.

Breach of Human Rights Act 1998 (HRA)

The HRA gives you legal protection of your human rights. There are 16 rights in total with each referred to as a separate article.

Most relevant to claims against the police, the HRA protects against inhumane and degrading treatment (Article 3) and violation of bodily integrity (Article 8). Taken together, breaches of these rights as a result of police conduct provide basis for claim.

There are many scenarios where human rights breaches occur. For instance, using illegal force to extract information during police interview, interfering with the process of justice, unlawfully conducting a strip search, illegally interfering with your right to protest and denying basic medical treatment.

Additionally, the Prison Service and parole board can also be pursued in claims for violation of human rights for instance when there are unreasonable delays to parole board hearings or by a parole board officer which lead to a delay in release from prison.

It is worth noting that the HRA is not primarily a tort statute, and the remedy of damages has a less prominent role in its operation. Where a Claimant has been successfully compensated in respect of the same harm in a parallel claim, there will generally be no basis to make a further award under the HRA. The law does not allow for double recovery.

Personal Injury

Often excessive force is used by police officers when making an arrest or when in detention. This can continue after the arrestee has stopped resisting and become compliant.

You may be eligible to claim excessive force or assault if you have been struck by an officer’s hands or baton, tasered, sprayed with CS gas, or where unlawful methods of restraint have been used.

The claimant need not have suffered physical injury; damages for psychiatric and psychological injury can also form part of a claim.

Can I Make a Claim?

The key to a successful claim is evidence. If you have video footage or eyewitness accounts of the events this will serve as vital evidence in bringing a claim.

At Farleys we have a department which specialises in this type of claim and have various ongoing claims at present against both GMP and other police forces.

If you have been unlawfully detained, assaulted or feel that your human rights have been breached your first step should be seeking legal advice. You can also file an official complaint against the officer and relevant police force in question.

For advice or representation in relation to a claim against the police, please call 0845 287 0939, contact us by email, or use the online chat below.