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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69262
Experience:  Over 5 years in practice
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If you were arrested by the police on an allegation made against

Customer Question

If you were arrested by the police on an allegation made against you should the police investigate if the allegation made against you is true or if evidence comes to light that may prove your innocence be investigated before a decision is made by the CPS
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

there is no more to the situation at the moment I just want to know as I have had this happen and need to understand if this correct

Expert:  Jo C. replied 2 years ago.
You are probably going to need to give me some more background.
The short answer is that it depends on the allegation.
Customer: replied 2 years ago.

it shouldn't mater as if I have proof for my innocence then surely it should be looked into. in my experience of the police if you produce proof of your innocence they dismiss it even if it is indisputable and then later claim they look into all sides of the allegation

what is the legal status??

Expert:  Jo C. replied 2 years ago.
I am very sorry but if you cannot give me the information I asked for then I will not be able to help.
Opting out.
Customer: replied 2 years ago.

i had additional infomration to prove my innocenece but they were not interested in listerning to this and stated they had done a full investigation but they had not and are not willing to look at the additoinal evidence and i need to know what the legallity of this means? i probably didnt write my answer as best i could

Expert:  Jo C. replied 2 years ago.
But what is the allegation?
What is the evidence that you had?
Customer: replied 2 years ago.

I was involved in a motoring collision. I was riding my motorcycle when the van I was over taking swerved into me. The person in the van was known to me (my estranged son) and an altercation took place between us, third parties for each of us called the police but when they arrived they spoke to the van driver first and I was immediately arrested and later charged with criminal damage, assault and driving undue care and attention. On my release after my arrest when I collected my motorcycle I found damage to the side of it and had an engineers report carried out by my insurance company. I immediately contacted the police to inform them of this development they were not interested.

Expert:  Jo C. replied 2 years ago.
What was the development?
How did that shed light upon the case?
Customer: replied 2 years ago.

the engineers report proved that the van had come into contact with the motorcycle. where as the 3rd party claimed I kicked the van this evidence disproves the initial allegation

Expert:  Jo C. replied 2 years ago.
There is a duty to investigate all avenues that appear reasonable including those that point away from the suspect.
However, this is not really something that falls into that category. It isn't evidence inconsistent with the allegation. This is really expert evidence for the Court rather than the evidence gatherer.
Also, this isn't evidence to prove you were innocent. It is really important to understand this. This is not exculpatory evidence. That would be something like a cast iron alibi. This, at it's very highest point, is evidence that casts doubt upon the allegation.
If you propose to rely on this report at court then you do need to serve it upon them formally though. Unless they agree it you need to get the witness to court.
Sorry if that is bad news.
Can I clarify anything for you?
Customer: replied 2 years ago.

surely evidence to show that can prove your innocence irrelavant of the allegation should be looked into? regardless off the crime if there is evidence it should be looked into by the police so as to stop innocent people being wronged??

Expert:  Jo C. replied 2 years ago.
I think I've really covered this above.
It is not evidence of innocence. It just weakens the allegation which is a matter for a court.

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