Iain Gould

MALICIOUS
PROSECUTION

Being accused of a crime you did not commit is a harrowing experience. When the police or a prosecuting authority pursues a case they know has no merit—or worse, a case built on fabricated evidence—it is more than a mistake. It is Malicious Prosecution.

The legal system is designed to seek the truth, not to secure convictions at any cost. If you have been targeted by an officer with a personal grudge or a force that ignored clear evidence of your innocence, I can help you hold them to account and secure the compensation your ordeal deserves.

Do I Have a Claim?

Malicious prosecution is a complex area of law. Unlike other claims, this can only be brought once the criminal proceedings against you have ended in your favor. To succeed, we must prove:

  1. Legal Proceedings: You were formally prosecuted (charged with a crime).

  2. Favourable Outcome: You were acquitted in court, the charges were dropped, or you accepted a “bind-over.”

  3. No Reasonable Cause: There was no sensible reason for the police to believe you were guilty.

  4. Malice: You must prove that the prosecution was motivated by “malice”—meaning the officers acted with an improper motive or a desire to subvert the path of justice.

The Financial and Emotional Cost

A malicious prosecution can leave you shaken, with a diminished sense of trust in the law and a damaged reputation. Compensation for these cases often exceeds £10,000, and in severe cases involving significant loss of liberty or reputation, the figures are much higher.

Proven Results: In a landmark 2023 case, I secured £50,000 in damages for John Kennedy, who suffered a triple ordeal of assault, false imprisonment, and malicious prosecution by Merseyside Police.

How I Build Your Case

Proving “malice” is the highest hurdle in these claims. It requires a forensic look at the police’s internal actions. We look for:

  • Evidence that was fabricated or withheld.

  • Witness statements that were coerced or ignored.

  • Continuation of a case long after it became clear the suspect was innocent.

Expert Legal Representation

With over 30 years of experience, I understand the tactics used by the police to justify failing prosecutions. I provide 24-hour specialist advice and the transparency you need to navigate this distressing process.

Frequently Asked Questions

You can only begin a claim after your criminal case has concluded. You cannot sue for malicious prosecution while a case is ongoing or if you were found guilty. Once you have been acquitted or the charges are dropped, that is the time to act.

In this context, malice doesn't just mean "spite." It means the police or prosecutors used the legal process for a purpose other than the proper pursuit of justice—such as trying to cover up their own mistakes, acting on a personal grudge, or targeting someone based on discriminatory factors.

Yes. If the prosecution "discontinued" the case because they realized there was no evidence (or because the evidence was found to be tainted), you are eligible to explore a claim for malicious prosecution.

A bind-over is a promise to the court to "keep the peace" or change a specific behavior in exchange for charges being dropped. Unlike a conviction, a bind-over still allows for the "favourable termination" of a case required to bring a malicious prosecution claim.

Ready To Start Your Claim?

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