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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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Was told that husband exposed himself at a spa and was asked

Resolved Question:

Was told that husband exposed himself at a spa and was asked to leave. Staff said they had gone to police but no formal complaint was made. Accusation is wrong and they didn't say when it happened or who the accuser was. What should we do about this and are the police obliged to follow this up
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.


Thank you question. My name is ***** ***** I will try to help with this.

Are you saying this is a vexatious alleagtion?

Does he know the accuser?

Has he heard from Police?
Customer: replied 2 years ago.

Does not know the accuser and this is not an employment law question. Was asked to leave his name and number with spa. Allegations are false and we don't know why someone would say it. Police have asked him to call to station statement.

Expert:  Jo C. replied 2 years ago.
Ok.
What would you like to know about this?
Customer: replied 2 years ago.

I think this is a criminal law question-please see email trail above. What advice can you give on the approach with police on the allegations?

Expert:  Jo C. replied 2 years ago.
Yes, I am a criminal practitioner.
In terms of approach, it depends what your question is.
He needs to co-operate with them. If he does not then they will just come and arrest him.
If he has a defence then he should offer it. If he does not then he should make a no comment interview.
He should not refuse the services of the solicitor that he will be offered who will tell him whether to comment or not in police interview.
Can I clarify anything ?
Jo
Customer: replied 2 years ago.

The accuser said they didn't want to make a complaint, not sure if it is to keep identity anonymous but do the police not have to give the accused an opportunity to defend themselves and why are they involved if accuser doesn't want to complain. Solicitor already contacted to attend police station.

Expert:  Jo C. replied 2 years ago.
Probably because the accuser has made a complaint whether they wanted to or not originally.
They will disclose the identity of the accuser to him. There is just a press embargo.
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