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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can a court prosecute under "probability"

Customer Question

Can a court prosecute under "probability" for tax credit fraud with no proper evidence
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.

-Could you explain your situation a little more?

Customer: replied 2 years ago.
I had an interview under caution last year by my local council for suspected tax credit fraud or error
There finding "paperwork trail" suspected them to this my ex was still living in the property he jointly owns with myself

He was in a long term relationship elsewhere at the time we was split. We conceived my youngest daughter via a one night stand and despite him begging me to abort I remained with the pregnancy

I have appealed tax credits decision and had a tribunal in July and was not accepted and now have my statement of reasons from that judge. I have the option to appeal to higher court but only have 3 weeks. But can only appeal if I see the judge didn't apply the decision correctly

Can a court or hmrc prosecute someone in court under probabilitys
Expert:  Jo C. replied 2 years ago.
Well, it depends.

They have to have enough evidence covering all of the points to be proven to charge. Sometimes though that evidence can take the form of a large number of things giving rise to an inference which make the case overwhelming rather than any one piece of evidence incontrovertibly proving an allegation.

With allegations like sharing expenses with a partner whilst on benefits it does tend to be a large amount of circumstantial evidence rather than any one piece of overwhelming evidence.

It might well not be enough to convict and they may well have to throw their hand in but it can be done on that basis.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.
But there is nothing to confirm a relationship in place nor any financial agreements opened in that time,
Also seperate accounts were opened on the split,
Surely that works in my favour

Will a uk court entertain a case with no concrete evidence and just a paperwork trial showing a mortgage was paid by the person who owns the house. As in the agreement of having a mortgage you are obliged to pay
Expert:  Jo C. replied 2 years ago.
There doesn't need to be. The issue is not whether there was a relationship but whether there was any sharing of expenses.

The Courts don't have any choice of whether or not they hear the case. Its a matter for CPS. They can throw it out at half time but obviously that is subject to the circumstantial points above.

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