Compensation in the Event of Criminal Prosecution

If you have been wrongfully arrested, searched or held in custody, you are entitled to compensation. Other interventions as part of criminal proceedings may also justify compensation.

The regional public prosecutor and then the Director of Public Prosecutions determine whether the conditions for paying compensation are met. Cases often need to be referred to the courts before compensation is awarded.

There are fixed rates for compensation in the event of, for example, wrongful arrests, searches and custody. It is also possible to claim compensation for financial loss, for example loss of earnings, loss of business income or delay in training and education. The regional public prosecutor and the Director of Public Prosecutions often conclude that no compensation is to be paid, neither the fixed-rate compensation nor compensation for financial loss. The reason is often that the defendant behaved in a guilty manner in connection with the arrest, search or custody.

We have long-standing experience in conducting actions for compensation against the police before the courts. The courts often overrule the refusal by the regional public prosecutor and the Director of Public Prosecutions to pay compensation. It is possible to have an attorney appointed to conduct an action for compensation before the courts, and if the courts admit the claim for compensation, the legal costs are paid in full by the public authorities.

Please note the following time limits:

  • If you have been subjected to unjustified intervention by the police, it is important to be aware that there is a time limit of two months to seek compensation. Therefore, it is important to quickly contact an attorney, who can help calculate and submit a claim for compensation.
  • If you want to appeal to the Director of Public Prosecutions against a refusal to pay compensation, your appeal must be submitted within four weeks of the regional public prosecutor having made its decision.
  • If you want to bring a refusal to pay compensation by the Director of Public Prosecutions before the courts, this must be done within two months of the Director of Public Prosecutions' refusal.