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Hi. I have a situation were I live in a close knit area with families and a children's school. Someone has started a hate campaign in which he is openly accusing me of being a pediofile. I have logged a complaint with the police but they are going to take the best part of a week to get around to investigating this. I also have witnesses. What action can be taken by the police. Has a law been proken and can a prosecution be taken. Or have I got to take this matter up privately.
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Under the Protection from Harassment Act 1997 it is an offence to behave in a manner which you know or ought to know would amount to harassment of another.
The Police will usually initially issue a Warning Notice to the individual to tell them to stop what they are doing and should they receive a further report about it the person is liable to arrest.
If it persists and you report it they will either arrest or invite the individual to an interview under caution. Then the usual legal process for a criminal offence is followed.
The Act does have certain Civil powers such as Civil Remedy (compensation) or Injunctions, where you can apply to have the court order the individual to stop the Harassment. The cost of such an application would be £255, but if unsuccessful you would be potentially open to costs if the other side has any (Solicitors Fees).COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays. -
it may also be defamation too, as if the person making these accusations knows that they are false,and they are indeed false, then you may be able to pursue a claim in defamation.Originally posted by Desotuatail View PostI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Indeed as such defamatory accusations would be "likely to cause serious harm to your reputation."Originally posted by pt2537 View PostCOMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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