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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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Action against Malicious complaint I have a boundary dispute

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Action against Malicious complaint
I have a boundary dispute with a farmer. I confronted 2 people who were driving in my grounds(farmers relatives) at 10pm on a Friday night, apparently they were hunting for rabbits . They were armed and in a vehicle. Following a heated discussion I returned to my house , I asked them not to drive in my garden(there is no fence it backs onto fields). Police arrived within 5 minutes and arrested me and threw me in a cell. I was released after an interview next day, no charges. Further info awaited, return to police station in 2 weeks. How do I sue these farmers relatives for making a false complaint leading to my arrest. They have a grudge against me and claim that I have damaged their vehicle with a stick. The total discussion lasted 2 minutes and was witnessed by my wife and recorded on mobile camera.Police have seen the video but state clarity is poor. I am obviously very upset and affected by infringement on my liberty and rights and future career prospects due to wrongful arrest and false imprisonment and a police record at the age of 49. I have complained to the police. I would like to commence legal action against these people who have made a malicious complaint irrespective of the fact that police may decide not to prosecute me-due to lack of evidence as the alleged damage did not take place.
Do I contact a criminal law solicitor ?
Can I commence proceedings myself
Can I hire a barrister directly
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has anybody advised you upon the cost of this?
Customer: replied 2 years ago.

no not yet

I am not sure who to approach sent a few emails to solicitors no reply

Customer: replied 2 years ago.

I have no other option as this abuse will continue . I have never had a police record or any other criminal complaint so this has very serious implications for me( including the fact that I could be arrested in front of my small children and handcuffed when I though I was the victim).

I will need to bear the costs

Expert:  Jo C. replied 2 years ago.
Thanks.
I do completely see why you are aggrieved about this. Unfortunately people make spurious reports to the police all the time and something should be done about them.
The police are under a duty to investigate though. There are lots of human rights authorities that say they have to consider every complaint. That doesn’t mean, of course, that you will be charged and still less convicted.
In terms of what action can be taken afterwards, its fair to say its very limited. Its very hard to get justice for the false complaint in the UK by reason of public policy really.
There is an offence of perverting the course of justice that can be relied upon by the police. It is fair to say that its not used nearly enough basically because its expensive and has a very high evidential test. Its also thought to deter genuine reporting and also to stop people who have lied admitting their lie.
If the police refuse to prosecute him then you can take out a private prosecution but its not a good idea. It will be extremely expensive and CPS may take it over and drop it on public interest grounds.
You can always sue for defamation. That is relatively expensive. Even if he doesn't contest it the cost would still be several thousand. You can get an order not to repeat a specific falsehood although usually vexatious accusers just move onto another allegation.
Another option is for the police to give this person a wasting police time fine. Only the police can issue a fixed penalty fine. You can take out a private prosecution and that will be cheaper but you need the consent of the DPP which isn’t going to be available I’m afraid.
A much better option is to consider a civil action in harassment. You will find a very interesting article on the point here
http://www.1itl.com/news/270/
Its much cheaper and has a lower standard of proof.
However, you will need to show there are at least two false reports although not necessarily both to the police - one to the police and one to your employer may be sufficient.
You should also bear in mind that you will have to be able to show the allegation is false. Its one thing to be able to show that nobody believed it and another to be able to show it is false.
I'm 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 C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you, ***** ***** answer most of my question in a factual manner.

Customer: replied 2 years ago.

thank you this explains almost everything i needed to know