5. How Long Have I Got to Start a Case?

The deadlines for starting a case are pretty strict and the court may not allow you to bring a claim if you are late. The time limits usually run from the time of the incident that led to action being taken by police.

  • Six months if you are making a claim under discrimination law
  • One year if you are making a claim for a breach of your human rights
  • Three years for assault resulting in personal injury
  • Three years for all other claims – although the law is uncertain in this area and it could be longer

Even if you are very late in making a claim you may have up to six years (except for those explicitly listed above), so it is worth contacting a solicitor to see if you are still within time.

Contact a solicitor as soon as possible for advice. Apart from anything else memories fade and documents disappear.

NB: In malicious prosecution the time limit runs from the date of the decision to charge you and not from when you were acquitted.

Gathering Evidence

Your chances of succeeding in holding the police to account are better the more evidence you can get:

  • Video footage
  • CCTV footage
  • Witness statements
  • Photographs
  • Doctors note

So start gathering now!