Police Verbal Warning

[bazza1406]

Hello,

I really hope somebody can give me advise on the below,thank you in advance.

Today out of the Blue I received a telephone call from West Yorkshire police. The police officer informed me that a complaint had been made against me.

A little confused I asked what the complaint was. Another person had accused me of ringing her and making threats of physical abuse towards her and sending threating text messages.
I knew that I had done nothing of the sort and informed the police officer that I had rung her once to speak to her and can assure her that I did not threaten her in any way. I also confirmed that I had sent only 2 text messages and neither had anything remotely threatening within them.

I denied that accusation and told the police they were free to inspect my mobile phone and that I still had the 2 text messages I sent. This was declined.

I was then informed that I was being given a verbal warning not to contact said person and that a letter confirming this would be sent to my address and kept on file for 1 year.

I asked what proof there was and was informed that the police officer had not seen the text messages but only spoken to the person making the accusation.

Despite any evidence the police officer informed that what she was giving the verbal warning and that was that.

Obviously I was not happy with this given I had not anything .

I rang South Yorkshire police to complain. I was informed a Sergeant would ring me back.

About an hour later the sergeant rang I told him I was not happy being given a verbal warning for something I had not done. After about 10minutes of me protesting my innocence and asking why the presumption of guilt had been made on someone's say so.He said there was nothing he could do about it.

I thought it was "innocent until proven guilty" and that the burden proof laid with the person making the allegation.

How can it be right for a presumption guilt be made against me when I have done nothing wrong ?

I need to know if the Police are allowed to do this and secondly can I take any action to have this quashed and removed from file.

Any assistance anyone could over would be greatly appreciated.

Thank you
Barry

[des8]

Re: Police Verbal Warning

Hiand welcome
here's a link to an article which discusses this topic in some depth: https://www.theguardian.com/commenti...g-fair-hearing

[bazza1406]

Re: Police Verbal Warning

Des8,

Thanks for the information, very informative.
I think I will lodge a formal complaint.

[Snoopy1948]

Re: Police Verbal Warning

This is really interesting and seems to suggest a new era in policing where a police warning can be given on the back of what is effectively 'hearsay' evidence.

Indeed the Guardian article states ...'The police appear to be able to issue harassment warnings if a complaint is made, without needing to investigate. The subject of the warning cannot contest it, and unlike a caution it can be imposed even if the subject contests the allegations and puts up a defence. The warning cannot be appealed.
The harassment warning will appear on an enhanced CRB check and if any future legal proceedings are taken, it will be treated as 'evidential' ie can be used to demonstrate a course of action or as evidence of bad character'.

The article goes onto say ... 'The rationale is to alert the individual about the complaint, to deter any future incidents of concern and prevent the individual from claiming later on that they did not know their behaviour was unwanted conduct'

All suggests to me that this is policing 'on the cheap' at the cost of invasion of personal liberties not to mention the blackening of character. And what is to stop potential complaints being made on the strength of this Protection from Harassment Act 1997 as a simple means of 'getting back at someone'? And to top it all, having to receive the matter by telephone call as a formality!

bazza1406 ... I would feel exactly the same as you had this happened to me.

[seduraed]

Re: Police Verbal Warning

Just as disturbing it could be used by abusers and bad employers to blacken someone's character and stop them getting justice.