Tweet
I'm trying to understand the typical sequence of events where a false allegation is made by someone to the Police, and the implications/timing for the defendant persuing a counter complaint, if indeed they actually need to do anything if the Police realise the allegation is false.
So let's say the Police are advised by the defendant in interview that the allegation is rubbish - which must be a very common claim! BUT the Police suspect that might be the case too from the testimony of the defendant and/or supporting evidence. Does that trigger Police investigation that runs in parallel OR do the Police stick rigidly to investigating the false allegation and ticking all the relevant boxes until the CPS have given a no charging decision, before the Police will look in depth at the complainant? - and does it then need the defendant to raise a separate complaint over the false allegation?
At a guess, I would imagine the former. i.e. the Police will send a file to the CPS which includes both the outcome of the investigation into the defendant AND their thoughts on the complainant. So the result might be no case to answer on the defendant, and the possibility of a charge against the complainant. But it then struck me that the Police might not be certain enough to investigate until the CPS have reviewed the case and/or might prioritise more serious crime and want a simple false allegation cleared off their books.
My related question is where does the six month clock start on the summary offence of the complainant wasting police time in the above situation? e.g. is it at the point:
1. The Police are told by the defendant the allegation is false?
2. The Police suspect/believe the allegation is false, and start to investigate the defendant (if indeed they bother to)
3. The CPS are satisfied the defendant has no case to answer, and the Police start to investigate the complainant off their own backs
4. The point the defendant raises a separate/subsequent complaint (if required to)
Finally, if the case is closed as no action and the CPS don't seem inclined to take any action against the complainant, can a defendant issue the Police with a DSAR to have ALL the case information disclosed anyway (e.g. the complainant's statement, any recording of any interview) as would have happened had the defendant been charged? The objective would be to assess whether there was anything suggesting malice in the original complaint/testimony that the Police/CPS might not be aware of, or considered - which could then be used to force an investigation into whether the complainant had in fact committed the more serious crime of perverting the course of justice.
Sorry for this being a bit wordy!
So let's say the Police are advised by the defendant in interview that the allegation is rubbish - which must be a very common claim! BUT the Police suspect that might be the case too from the testimony of the defendant and/or supporting evidence. Does that trigger Police investigation that runs in parallel OR do the Police stick rigidly to investigating the false allegation and ticking all the relevant boxes until the CPS have given a no charging decision, before the Police will look in depth at the complainant? - and does it then need the defendant to raise a separate complaint over the false allegation?
At a guess, I would imagine the former. i.e. the Police will send a file to the CPS which includes both the outcome of the investigation into the defendant AND their thoughts on the complainant. So the result might be no case to answer on the defendant, and the possibility of a charge against the complainant. But it then struck me that the Police might not be certain enough to investigate until the CPS have reviewed the case and/or might prioritise more serious crime and want a simple false allegation cleared off their books.
My related question is where does the six month clock start on the summary offence of the complainant wasting police time in the above situation? e.g. is it at the point:
1. The Police are told by the defendant the allegation is false?
2. The Police suspect/believe the allegation is false, and start to investigate the defendant (if indeed they bother to)
3. The CPS are satisfied the defendant has no case to answer, and the Police start to investigate the complainant off their own backs
4. The point the defendant raises a separate/subsequent complaint (if required to)
Finally, if the case is closed as no action and the CPS don't seem inclined to take any action against the complainant, can a defendant issue the Police with a DSAR to have ALL the case information disclosed anyway (e.g. the complainant's statement, any recording of any interview) as would have happened had the defendant been charged? The objective would be to assess whether there was anything suggesting malice in the original complaint/testimony that the Police/CPS might not be aware of, or considered - which could then be used to force an investigation into whether the complainant had in fact committed the more serious crime of perverting the course of justice.
Sorry for this being a bit wordy!
Comment