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Ask Alice H Your Own Question

Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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My son was breatherlised following an accident. At the police

Resolved Question:

My son was breatherlised following an accident. At the police station he blew a 53 and a 53
the machine tested at 34. Afterwards he gave a blood sample when analysed it showed
'0' alcohol. The info is the police spiked the mouthpiece however no proof. The police stated they posted their blood sample the officer in the case did not do this. Later it was
found in a fridge at another police station and posted by someone else. We have statements
to show this following freedom of information request. When the sample arrived at the the
Police no forms had been sent with it. It was clear they did not want their sample checked.
Question: Can we prosecute the officer who stated he had posted the sample in a
written statement after caution and did not. for 1. Perjury 2. Breach of M.C.
Rules. etc as shown at the top of statement.
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I'm happy to help with your question today.Has your son been charged with an offence?
Customer: replied 1 year ago.

Yes, he got 6 years imprisonment

Expert:  Alice H replied 1 year ago.
I'm a little confused. The maximum sentence for drink driving is 6 months impriosnment; presumably he was charged with other offences? If so, did he appeal?Notwithstanding your son's position the answer to your question is that any police officer who tampers with evidence could be investigated and charged with perverting the course of justice, misconduct in public office, perjury and contempt of court. You have to prove that the alleged tampering took place or that the officer gave false evidence and if you can establish these things the officer could be prosecuted. A prosecution can be started by the CPS or by way of a private prosecution - although in the latter case the consent of the Director of Public Prosecutions will be required and the CPS could take over conduct of the matter.I hope this assists. Happy to discuss further if required.Alice
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Our son was convicted of causing death by careless driving whilst under

the influence.

I got consent from the DPP for a private prosecution approached the CPS. They rang me saying if I pursued this action they would, as you

have said take over the prosecution then discontinue it as it would show them in a bad light as they missed the false evidence in the original file.

I reported three crimes to the police of perjury for which I have proof.

They have refused to record these complaints, and therefore no

criminal investigation has taken place.

The Home office (Damien Greene) has said it is to the police to decide

whether to investigate or not.

Can the CPS investigate ? Can I go directly to them with the evidence?

Thank you for your help so far but you have told us what we already

know. You say on line 4 this matter could be investigated. By whom ?

As a police officer of 32 years experience now retired, you may

understand I find the situation most frustrating.

I have followed all the procedures and am getting no where fast.

My MP has told me to go to the Police Commissioner which have

also. He just passed it to Police Complaints Dept who I started with

and as they got the original complaint dismissed as it was out of time.

He did appeal his sentence. It was refused because the original judge

has to consider the new evidence before it can proceed. He had died

so that could not be done.

Look forward to your response.

Yours ***** *****ier..........

Expert:  Alice H replied 1 year ago.
Are you confident that you have sufficient evidence to pursue a private prosecution?
Do you have a solicitor dealing with this?
And could you give me some dates please? When was the incident, conviction and sentence?
Customer: replied 1 year ago.

Hi Alice

Sorry for delay in responding.

The evidence I have is a written statement by PC. 'A' which is a

statement after caution i.e. with the forerunner under the CJ Act 1967

the MC Act 1980. ans MC Rule 1981. where the writer will be liable

for prosecution if they have wilfully stated anything which they to be false.

In the statement which he wrote, read through and signed he states


" I took the blood sample immediately to the Royal Mail posting

office on Wainwright Road, Worcester where I sent the sample by

recorded delivery to the forensic laboratory at Chorley"

This is false. Following a Freedom of Information request it was

found that another officer posted it 2 days later. When it was

discovered in a fridge at another police station.

We have a statement to that effect.

The blood sample was never analysed at Chorley for alcohol

because no forms were sent with the sample. We have a statement

from the scientist at Chorley who states. again misconduct.

Scientist statement states

" a completed MGDDE form which is

required in all cases was not received with the sample , an attempt

to obtain this information has been unsuccessful".

Do you think this is sufficient proof of gross misconduct in public

office at least ?

We do not have a solicitor dealing with this.

The incident was in March 2006 the conviction was in September 2006.

Our son has served his time and is now in full time employment

he does wish to appeal.

We have evidence that three officers in total withheld evidence,

made false statements and their actions go to the heart of the legal

system. Perjury is not only giving false evidence but also failing to

tell the whole truth on facts that are material to any charge.

The incident was where our son was called up late at night to go and

collect a friend who was freezing on the street unable to get a taxi.

He collected them in his car lost control at a roundabout where there

was black ice and hit a wall. The girlfriend had not put on her seat belt

and received fatal injuries. She was responsible for putting on her

seat belt not the driver. Had she been wearing it, the outcome would have been different.

Thankyou again

***** *****ier................

Expert:  Alice H replied 1 year ago.
Good evening
I cannot give you a definite answer without having reviewed all the papers thoroughly but on the face of it there does appear to be some mischief by police officers from what you say. It may be just enough to have the safety of your sons conviction reviewed but I can't be certain that it's enough to prosecute for perjury.
Customer: replied 1 year ago.


Hi Alice

I have tried CCRC route and I am informed unless I get a conviction

for even a minor offence I will not be able to pursue a revue application.

There are three offences listed at the top of the false statement. The

witness is a person in public offence - mischief - misconduct ?

I have solid evidence against two other officers in this case as well.

One at a time though.

All the best....George Hillier

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