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Wrongful prosecution

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  • Wrongful prosecution

    Hello,
    I hope someone can advise me although, upon reviewing the forum sub-headings, it appears criminal cases might not be covered on this platform.

    Is it usual for (and can) the police drop a criminal prosecution without providing the wrongly accused with reasons for them having done so?

    For well over a year, a friend of mine has been living under the stresses and related consequences of an individual having made false criminal allegations against him, presumably to pursue his own financial advantage.

    The miscreant fabricated allegations against my friend who is 78 years old and not in the best of health.

    The police failed to properly investigate the allegations, the investigating officer having demonstrably (exhibited by way of comments he made to a colleague whilst his body-worn-video device was live) during which it is clear that, in his own imagination, he had already “arrested, cautioned, charged, prosecuted, tried and found guilty” my friend, before so much as meeting or questioning him, immediately upon having been presented with the Complainant’s hearsay charges.

    The police prosecution lawyer failed to have either the police or his own department examine the charges properly despite repeated and specific and evidence-targeted requests, by the defence lawyer, that he/they do so.

    This has caused my friend ongoing repercussions both financial and of a personal nature (severe stress not being the least of those).

    He has lost “friends” over the matter and it has put a great strain upon his marriage, with his wife even going so far as to seek in pressuring my friend into putting their house on the market and moving to another area, so as to avoid any perceived shame which might result from her husband’s conviction.

    It has also cost him many thousands of pounds in private legal fees whilst, his lawyer informs him, he will only be reimbursed at “Legal Aid” rates and even then at some, perhaps distant, point in the future.

    In pursuing his defence, my friend employed registered and court recognised expert witnesses in their respective fields who were able to prove beyond doubt that the allegations and supposedly supportive evidences levelled against him are scientifically proven to be false.

    Despite this, the prosecution lawyer repeatedly refused to have any of those conclusions verified by his own institution’s experts although verbal and written requests were made by my friend’s lawyer that they do so, on many occasions.

    It was only following a pre-trial hearing, in which the Magistrate ordered that the prosecution address the defence issues raised with regard to evidence submitted, that notification was eventually provided by the prosecution lawyer that the case should no longer proceed due to “information having come to light, following the pre-trial meeting” (pretty much word for word).

    Seemingly, that is that. Case closed. As far as the police and the prosecution are concerned.

    My friend has received no apology nor has he been made aware of what, if any, action is to be taken in regard to the Complainant who it can be undeniably shown was engaged in wasting of police, prosecution and magistrate’s time and resources along with perverting the course of justice through bringing false allegations, fabricating evidence, destroying or concealing other evidence and interfering with still other evidence.

    Indeed, the Complainant told lie upon lie upon lie to the police in a vain attempt to cover up his malfeasance. Lies which were simply accepted, at face value by the investigating officer who had already decided my friend was “guilty”, despite his being aware of misgivings as to the Complainant’s likely lack of veracity. Further, the Complainant can be shown to have repeatedly lied UNDER OATH when swearing multiple statements of events, signed by him.

    Is the wrongfully and unjustly accused and processed, my friend, entitled to know nothing more on the matter and not even receive an apology bearing in mind that requests were made from quite shortly after the prosecution was embarked upon and throughout for the police/prosecution to more closely examine (so called) evidences submitted by the complainant, following independent professional examinations having been conducted which found some of those “evidences” to have been both orchestrated and subsequently manipulated as well as counter-evidences having been either destroyed or concealed from the police by the Complainant?

    Thank you for reading this. Any help and advice will be very much appreciated.
    Tags: None

  • #2
    It's OK to post criminal law questions here although in fairness most questions here are about civil law problems and we have limited expertise in criminal law. Hopefully someone will be able to offer some advice.

    It's not my area of knowledge but one question: was it the police or the CPS who decided to drop the prosecution? If CPS then this page from their official guidance might be useful. Your friend could contact them and ask for the reasons the CPS discontinued the prosecution, although they could turn out to be bland generalisations.

    https://www.cps.gov.uk/legal-guidanc...discontinuance

    There is also a formal Complaints procedure for bringing complaints against a police force. Initially the complaint is considered by the police force concerned but if that is unsatisfactory a further complaint to the IOPC (Independent Office for Police Conduct)

    https://www.policeconduct.gov.uk/com...it-a-complaint
    Last edited by PallasAthena; 5th March 2025, 11:44:AM.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Originally posted by PallasAthena View Post

      It's not my area of knowledge but one question: was it the police or the CPS who decided to drop the prosecution? If CPS then this page from their official guidance might be useful. Your friend could contact them and ask for the reasons the CPS discontinued the prosecution, although they could turn out to be bland generalisations.

      https://www.cps.gov.uk/legal-guidanc...discontinuance
      Thank you very much for responding and for the links. The first (to the CPS) states:

      "The accused (or their solicitors) must be informed of the fact that the discontinuance notice has been sent but there is no requirement to serve them with a copy of the notice or to give the reasons for the decision."

      Quite stunning that seemingly a rogue can premeditatedly fake a road traffic collision, captured on his camera, then feign "asymptomatic" and wholly non-evidential injury, bring criminal charges against an innocent person then delete (or conceal) evidence, fabricate other evidence and tamper with yet other evidence with the intent of perverting the course of justice and in consequence either be accordingly investigated by the police or simply perhaps walk away Scott-Free, after his malfeasance has been revealed and without the victim of his false allegations even so much as being made aware of which course of action the police are engaged in (or otherwise).

      Bonkers. But the law is what it is, I suppose.

      Cops don't gain career advancement through pursuing justice, only through pursuing convictions, it appears.

      A bitter pill to pass onto my friend but thanks, again, for your help.
      Last edited by JayBlake; 5th March 2025, 20:12:PM. Reason: Spelling correction

      Comment


      • #4
        The CPS bring criminal charges not the Police and they must have thought there was enough to move forward. They will not normally do so with a less than 50% chance of success.The truth is normally only tested in court however at a trial. Pre-trial hearings in my experience are to make sure everyone has their documentation ready, full disclosure has been carried out, witnesses cooperative etc. The evidence is not presented in full so it seems odd that this hearing had such an outcome. It sounds like a horrendous situation however - make a complaint would be my advice.

        Comment


        • #5
          Although the CPS guidance says there is "no requirement" to give the accused a copy of the notice or explain the reasons it doesn't say CPS are prevented from doing that so could provide the notice if they choose to. So I suggest your friend asks. The worst that can happen is CPS say 'no'!

          A data protection act Subject Access Request could also be submitted. I don't know whether CPS could claim an exemption in your friend's case, but again he loses nothing by submitting the SAR. And potentially learns something that could be useful if he later decides to submit a complaint against the police.

          What he's unlikely to get is personal information about the other person who brought the allegations to the police.
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #6
            Originally posted by islandgirl View Post
            The evidence is not presented in full so it seems odd that this hearing had such an outcome. It sounds like a horrendous situation however - make a complaint would be my advice.
            It was disclosures related inasmuch that, as I am given to understand matters, the defence had sought disclosures and the prosecution had repeatedly declined to provide them. The magistrate listened to the defence lawyer’s arguments as to why the prosecution should conduct its own investigations in relation to "evidences" provided by the complainant, so as to confirm or deny the third party expert witness statements and the magistrate agreed.

            We do know that the police forensic data analyst department ultimately (if seemingly reluctantly) confirmed at least one of the complainant's video evidences had been tampered with, through editing of the same. Such is contrary to the complainant's repeated denials of that fact and similarly repeated sworn statement of evidence submissions.

            However, neither that nor any other reason for the prosecution discontinuance has been provided to the defence or the wrongly accused (the real victim in this instance).

            Further, the prosecution was halted over a month ago so, if the police were pursuing the original complainant (the false accuser) for making false allegations, wasting police, prosecution, court and magistrate's time and resources, lying under oath (sworn statement of events), tampering with evidence, destroying or otherwise concealing evidence contrary to his allegations and perverting the course of justice, we would expect that the original accused (my friend) would have been approached and interviewed by the police in the course of such an investigation.

            Consequently, it appears the original complainant orchestrated and enacted a fake road traffic collision "assault" with the presumed intention of gaining financial advantage/restitution from that and yet, despite clear evidence of his criminal malfeasance existing, the miscreant appears able to walk away with no repercussions.

            Perhaps the police investigating officer's clear mishandling and even suggested collusion with the complainant during the course of his supposed investigations and pursuit of the accused is prompting the police to "keep their heads down" in the hope it all blows over and goes away, is my own personal persuasion.

            I suppose, as you suggest, all that is left to my friend is for him to lodge an official complaint against both the police and the prosecuting lawyer for failing in their duties to pursue justice as opposed to what they initially suspected would be an easy conviction.

            Thank you very much for your kind response to my query.

            Comment


            • #7
              Originally posted by PallasAthena View Post

              A data protection act Subject Access Request could also be submitted.
              Thanks for the suggestion. I was not aware a SAR could be sought of the police but, assuming so, what has my friend to lose, I suppose.

              As for the complainant, we've already conducted our own "investigations" and know more than enough about his character (including the existence of previous police convictions) which lead us to the conclusion that he's an all around "bad egg" in possession of a "god complex".

              Thanks, again, for the suggestion.

              Comment

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