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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70299
Experience:  Over 5 years in practice
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my husbands brother is now threatening to go to the police

Customer Question

my husbands brother is now threatening to go to the police because he is accusing us of fraud....the only evidence he has is some transfers from our savings account to my mother in laws account which she then sent on to us in order to pay for property 20 years ago and our sabbatical 7 years ago.....it was done this way to save costs because transfers from any english channel islands are really expensive and they are free to local uk accounts...the transfers were done at a time that we were not even resident in the UK...but my husbands brother in law says its money laundering and fraud....my question is if you think my brother in law has the power to start such an investigation and what legal steps should we take to curtail his aggressive need to try and cause damage....we are not concerned about the actual transactions at all....but we are concerned about the tremendous waste of time, money and energy having to deal with his malicioud nefhaviour - is there any legal recourse for malicious reporting and libel?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

He can make a report to the police and there is no way of preventing him from doing that. Any person can walk through the door of a police station and make a report.

If he makes false reports then there are offences in that. If its just that he makes a report that is disbelieved then nothing will happen about that I'm afraid.

There is no way of preventing him from making a report though in advance. The law generally doesn't allow you to prevent misconduct in advance. It just punishes when there is misconduct. There are some exceptions where you can seek an injunction order but you cannot get an injunction that prevents him making a report in advance. Even for vexatious accusers who have made many previous false reports usually the only outcome is an order preventing them from calling the police save for a genuine emergency which doesn't stop them going into a police station and reporting a non emergency.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo