There are limitation issues which involve in claiming against actions made by the police. Any action which is found under the law of tort cannot be brought into question after 6 years of the date on which the event occurred. The time limit for a civil claim of assault and wrongful arrest is also 6 years that accrues from the date of arrest. False imprisonment starts from the date of the alleged arrest continuing to the date of release from police custody. A case for malicious prosecution will start from the date that the proceedings.
If the case has progressed into a trial, the claimant has no right to elect trial by jury. But there is a presumption that a trial will be by jury unless it is displaced by section 66(3) County Courts Act 1986. It is therefore necessary for an application to be made to the court if a jury trial is sought after by the claimant. There is also a statutory presumption in favour of a jury trial in certain circumstances, unless the court is of the opinion that the trial requires a prolonged examination of documents, accounts, scientific or local investigation which will not be appropriate for a trial by jury and would be more efficient to be trial by judge. The claims against police, where there is a prima facie entitlement to a jury are where there is issue of a charge of fraud against the claimant, or a claim in respect of libel, slander, malicious prosecution or false imprisonment.
There is a standard of proof that will need to be established in civil action cases against the police. This generally means that the court will need to be fully satisfied that an event occurred or on the evidence put forth, the event more likely did occur than not. The court will have in mind as a factor, to whatever extent is appropriate in the particular case, that the more serious the allegation the less likely it is that the event occurred and the stronger the evidence before the court, means it will be established on the balance of probabilities.
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