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Using the same evidence again against another person

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  • Using the same evidence again against another person

    Hello, I have an academic question. It comes from a work dispute, but I am just interested in the legal aspects, i.e. if this were in a court situation.

    Say the scenario is this: an anonymous denunciation has been made against someone. Although it is somewhat vague, it is then used as evidence to try and prosecute A. The case against A is built up and court proceedings are launched.

    But then the bungling prosecutors realise that they have been misled! The anonymous denunication was so vague and other things suggest... that it now seems that it is B who was the person more likely to be the one (though even here nothing is really holding up).

    What would then happen legally? I presume A could sue and the prosecutors would go after B?

    But is there any legal point (something like double jeopardy) that would prevent the "evidence" being "recycled" for use against a second person?

    I am just asking about the legal point, not for any commentary like "the prosecutors should have been a bit more careful", etc....

    Any knowledge would be much appreciated!

    Tags: None

  • #2
    By "prosecutors" do you mean the CPS?

    I don't see a prosecution following an "anonymous denunciation" as what proof would there be?
    Who would "A" sue if the denunciation was anonymous?
    In any event allegations made to the police benefit from absolute privilege and cannot be used as a cause of action in the civil courts.

    Comment


    • #3
      Hi, yes, I mean the CPS. I suppose A would sue the CPS or police... That is just academic anyway and gets away from my question.

      There would be proof because the idea would be to get A (or B!) to go to pieces and then provide all the evidence themselves... A is told: there has been a report sent that you have been a very naughty person, you did this and that...

      My scenario: The person who wrote the anonymous denunciation will come forward once the police/CPS say: "A has confessed!"

      Yes, I know it is all irregular and probably illegal. But the academic question is: can the "anonymous denunciation" (or even not anonymous!) be recycled, even though it was used wrongly against A? Does that rule it out against B?

      It may be easier to answer: can ANY evidence/accusation/charge be reused as a charge if it has been applied to the wrong person?



      Last edited by Latina; 9th October 2018, 17:40:PM.

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      • #4
        Yes.
        If the police investigate a crime on the basis of information laid against "A" but then it is discovered that it actually applies to "B" and that a crime was committed, the fact that info was originally made against "A" is no reason for not prosecuting "B".
        Why should a criminal not be prosecuted because the evidence was misapplied to the wrong person.
        The evidence is still good

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