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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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Hi, Myself and my brother were verbally assaulted by an

Customer Question

Hi,
Myself and my brother were verbally assaulted by an individual that lives in a flat opposite our mums because we parked outside his window. He was intoxicated and so my brother and I decided to just get in the car and leave the idiot to it and not let him spoil our sunday. That was the end of the incident.
The next day (yesterday) i received a call from my mum saying a single police officer was at her door asking if she could speak to me. My mum called me on my mobile and passed the officer onto me.
The officer explained that the giy had called the police and accussed me and my brother of threatening him, verbally assaulting him and therefore making him feel in danger.
Now i have to stress that the individual does not work and is a known drinker.
However, despite me explaining that my brother and i were the receipients of the verbal assault and threats and more importantly not one single witness to back up what he is accussing us of... The office said she was deciding to issue us with police information notices and that she needed to gove it to us. I at that point realised the seriousness of the situation.
I asked the officer what the pin was and she said 'its nothing, just a note to say ive spoken to you about it, abit like a receipt'.
I asked her is it in any way incriminating or even suggestive that i would be a suspect as oppossed to the victim and she said no. I asked about work and if it could be seen in crb (i work in a professional setting - Any word of police investigation for something like garrassment and i can be fired. She again assured me it was nothing. The officer then asked for my work email address. I again stressed that i refused to sign anything because i didn't do anything wong and that she needed to speak to my brother about it to to get his word.
She asked me for my name, dob and address which i gave to her. She then asked me for my email address which again, shes a police officer so i gave it to her.
She said she would be in touch and that was that.
About an hour later I received an enail off the officer with 2 attachments (pins for both mysekf and my brother - who is 22 btw). The pin makes some horrible allegations that Clearly there is no evidence or facts for. The officer herself said on the phone that she couldnt prove either mine or the guys word for and therefore who was telling the truth. Both and my brither have good careers and clean records and I just feel so upset and annoyed by this whole thing.
How can the officer make a judgement on my brother having only spoken ti me for 5 minutes literally and then listened to some drunk lie because he doesnt have anything else to do?!
I feel like goinn to the police station and filing a formal complaint against the officer for not sticking to facts or investigating as she should by the law.
Also when reading about pin it said it beeded to be served? Can an email class as that for me or especially my brother as it was sent to my email and she didnt even talk to him?!
Not to mention work monitor my emails and so its only a matter of time before i have to what it is to my director which will defintletely not do me any favours in my profession.
If i dont sign, does that mean it goes away? What should we do? Please help me fight for justice as im really worried about this.
Many thanks,
Laithe
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

This is just a harassment warning. They have no legal status of themselves and are not a finding of guilt against you.

There is really no point in refusing to sign it. It won't achieve anything. The only purpose of getting a signature is to prove its been served which they can do by other means anyway.

An email is valid service. I've known officers notify in person without a receipt at all or over the phone. It amounts to no more than a police notification that further contact would be considered harassment.

In truth, there is no point in complaining. An allegation has been made and the police have to investigate. A harassment warning is, in fact, the most minor action they can take. The officer has taken the action that she should and she was perfectly entitled to make arrests. She did not.

I am 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
Customer: replied 2 years ago.
Hi Jo,

Thanks for your beite honesty. Howeber, it's not that simple moving forwards. What if I want to visit my mum and this guy shouts at me again? Am i then going to be arrested even ifni di nothing? He could just ring the police and say that i have said sometjing to him even though i wasnt there! And then because of this i could be in trouble.

This whole thing sits very hneasy with me jo.

Do i not ever go and visit my mum again for fear of a false accusation being made? Jo, truly, we said literally nothing to him. Wemre not confrontational people.

Why should i have to look lile a suspect here?! Could the officer just not given anyone anything instead of pins?

If i refuse to sign, what happens then?

And i'd rather be arrested i think. At least that way the lack of facts will come out, his previous history and i assume an arrest wiuld replace a pin?

Jo if someone lied about you, would you accept it? Could you professionalky afford to accept it?! If my boss finds this email im looking fir a new job.

Surely this isnt what the law was intended for?! If it was, just wow

Thanks

Lee
Expert:  Jo C. replied 2 years ago.

You are obviously vulnerable to further allegations. Unfortunately some people do make a disproportionate number of allegations as indeed they never would if they had to pay for the police investigation. That isn't really something you improve by refusing to sign the PIN though. There are no magic wands really that deal with that problem. Vexatious accusers are a real evil in our society.

The officer is under a duty to investigate every complaint. The other option open to her was to arrest you.

If you refuse to sign then the PIN will still have been served and be in force.

No, its not what the law was intended for. Harassments should be confined to crassed stalkers. Unfortunately though the legislation includes lots of other things and the bulk of crime in the UK is reported by childish people using the police as a mediation service. There isn't much genuine crime in the UK really. Most harassments are just things that reasonable people would ignore.

The problem here is that you are not dealing with a reasonable person.
Customer: replied 2 years ago.
Hi Jo,

I appreciate your honesty, but the fact the he can now just make something up and i will be arrested is ridiculous and doesnt help me at all.

What if request to go to the station and appeal to the chief commissioner or something and ask for it to be retracted?

The officer I feel has a serious error of judgement here and i need to be able to get this removed.

Whatever the cost or time scale, please advise me how i can fight this in any way shape or form?

Thanks again

Expert:  Jo C. replied 2 years ago.

I am very sorry but I will not be able to tell you that there is any way of contesting a PIN for the reasons explained.
Customer: replied 2 years ago.
Hi Jo,

So what you're saying is that it's just the way it is and that i should just accept sometimes liars can get away with reporting fake crimes... Ok. I'll write to my MP about that as I don't feel that I as a citizen have been dealt with fairly. The officer should have issued the pin against him, not me! But clearly this isn't something i can now argue from what you are telling me.

So for arguments sake. If i were to see him again and he were to abuse me, and i report it to the police for being in genuine fear for my life, what would happen to him and would this pin have any impact on the investigating officers judgement, i.e. Would it be taken into account?
Customer: replied 2 years ago.
Relist: Incomplete answer.
Hi please can you reply to my latest message?
Expert:  Jo C. replied 2 years ago.

Of you make a truthful report about him then it would be investigated. The fact that there is a history would be considered but it won't mean your report is dismissed.

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