Trespass

You can sue someone for trespass if they come into your property without your permission when the law doesn't allow them to. This includes rented properties, if you are the tenant, as well as property that you own. You can also sue someone you have let into your house or flat if they don't leave when you clearly ask them to. If you aren't the owner or tenant, you may be able to bring a claim for trespass if it is clear that the owner or tenant gave you the authority to stop people from coming in.

The same rules apply to the police. You can sue the police for trespass if they go into your property and:-

• They don't have permission; or
• The law doesn't allow them to.

• Under an arrest warrant made by a court.
• For an arrestable offence; or
• If you have escaped from prison or other custody.

In each of these situations, the police have to have a good reason to believe that the person they are looking for is in the property. They can search the property only to check whether the person they are looking for is there. In certain situations the law also allows the police to go onto private property to carry out a search.

These include when:-

• A court has granted the police a search warrant.
• You have just come from the property, the police have arrested you, and they have a good reason to think that there is evidence there relating to the offence you have been arrested for; or
• The police have arrested you for an arrestable offence, and the property is either your home or a place that you control (your business, for example).

In this last case, the police have to have a good reason to think that there will be evidence in the property relating to the offence for which they have arrested you or evidence of a similar or related offence. The police normally have to have the permission of an inspector to carry out such a search.

• Save people from death or injury.
• Prevent serious damage to property; or
• Prevent a breach of the peace.

.: Trespass to goods and conversion.

If someone damages or interferes with your property, you can sue them for 'trespass to goods'. If someone refuses to give your property back to you when they are not legally allowed to keep it, you can sue them for 'conversion'. The law gives the police wide powers to take and hold onto people's belongings. They can take and hold on to property if they have a good reason for thinking that the property may be the proceeds of crime or evidence of an offence.

However, they should only take items of property if it they need to stop them being:-

• Lost.
• Hidden.
• Altered; or
• Destroyed.

The police can only hold on to your property for as long as they need to. This can include when they want to use the item as evidence at a trial, but they shouldn't hold on to something if a photograph or a copy would do. They can also hold on to something when they want to work out who the true owner is. If property is taken off you after you have been arrested, it should be given back to you when you are allowed to leave the police station.

The police can only hold on to it if they have a reason for thinking that it is the proceeds of crime or evidence of an offence. If you successfully sue the police for interference with your property, you can expect to get compensation as well as getting your belongings Back. If you just want your belongings back, you can take out a summons in the magistrates' court under the Police (Property) Act 1897.

.: Negligence.

You can sue someone for negligence if they cause you harm or damage when they should have been taking care not to. Negligence is the most frequently used cause of action for suing (for example, it is what you would use if you sue somebody for causing a car accident).
The law allows you to sue the police if they are negligent in the way they carry out their general duties. So, for example, you can sue the police if a police car knocks you down.

Until recently, you could not sue the police if they were negligent in:-

• The way they carried out an investigation; or
• In deciding whether or not to protect someone.

This meant, for example, that you couldn't sue the police if they failed to catch someone who burgled your house. However, this rule was challenged in the European Court of Human Rights after a man was murdered by someone who had been stalking him. He had asked the police for protection from the stalker several times. The European Court of Human Rights decided that the rule that prevented someone suing the police for failing to protect them was unfair. However, it isn't yet clear how far the courts in this country will go in allowing this type of claim.