• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Priorities - Criminal offence or civil claim

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Priorities - Criminal offence or civil claim

    I have been asked a question and though I would seek the answer in this forum as I cannot find anything relating to this.

    A civil claim has been made against a person, and within the statement of case, a statement has been provided. I will say that the statement is from a police officer and within the officers statement, perjury is evident. I cannot disclose much other than the perjured elements of the statement are critical to the claim and are categorically & maliciously falsified. Evidence can prove this conclusively and the question was, should this be reported as a criminal offence against the Perjury Act 1911 + Misconduct in Public Office, or, should the Civil case 'run its course' and only then the criminal allegations be investigated?

    My thoughts are that criminal allegations / offences would and should always be dealt with first, simply due to it being a 'state' offence rather than a civil 'dispute'. I am trying to find something backed by legislation or within civil/criminal procedure rules to show what the precedence is.

    Thanks in advance,
    Tags: None

  • #2
    To make a false statement and verify it with a statement of truth can lead to a contempt of court charge, not perjury.

    Comment


    • #3
      I believe it is still perjury?
      http://www.legislation.gov.uk/ukpga/...-2/6/section/2

      Comment


      • #4
        The statement of truth is on an MG11 with the following;

        This statement (consisting of x page(s) each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it, anything which I know to be false, or do not believe to be true.

        Comment


        • #5
          Are the statements made on oath, or verified with a statement of truth?

          Comment


          • #6
            Let it ride and let him "Hang himself"
            Althugh if there is arequirement for disclosure prior to Court
            yhey will back-pedal double quick.

            Comment


            • #7
              My understanding is that false statements on an MG11 are most likely prosecuted as perverting the course of justice.
              In any event , as per JRG11, I'd allow him to hang himself first in the civil court, and then report.

              Comment


              • #8
                The MG11 _is_ a statement of truth when signed.

                That was my first though (let him hang himself) but due to cost implications and other factors of a civil case, I am looking for legislative means to enforce the criminal allegations.

                Ironically, police have all but refused to investigate the criminal element suggesting that as it is a statement for a civil dispute, it must run its course which I think is ludicrous. Criminal matters cannot be 'put on hold' for civil disputes, often, the reverse may happen.
                Last edited by deeepeee; 5th November 2019, 02:03:AM.

                Comment


                • #9
                  If the police won't investigate are you considering a private criminal prosecution? Might be a tad more expense

                  Comment


                  • #10
                    That is an option we may consider but not at this time. There is no cost to a private prosecution as a litigant in person.

                    Comment


                    • #11
                      I did say "might".... be aware a wasted costs order is always possible ( section 19 of the Prosecution of Offences Act 1985)

                      Comment

                      View our Terms and Conditions

                      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                      Working...
                      X