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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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! I was visited by two police officers yesterday following

Resolved Question:

Hello! I was visited by two police officers yesterday following an allegation of racism from an ex-friend. Despite vehemently denying this, the officers who attended my home served me with a warning notice. The officers could give me no assurance that if this individual were to make further allegations, I could indeed meet the criteria for an arrest. My son attends the same school as her two children, so our paths will inevitably cross thereby creating the circumstance for "racial abuse". The alleged racism was directed at the heritage of her two children, so I believe this could spill into the school environment. That said, I have arranged a meeting with the headteacher to discuss my concerns. As well as being subject to false allegations, this is a clear character defamation attack - is there anything I can do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
I assume your ex friend had made a formal complaint please? Was this confirmed by the officers? Do you recall the incident?
Customer: replied 2 years ago.

Hi Alex,

The police said that an allegation/public order offense had been made against me, but the individual making those allegations did not want me to be arrested. Therefore, it was an informal/friendly warning coupled with some advice on how to avoid future incidents.

We did have an altercation which I initiated; however, at no point was racially abusive terminology directed towards the individual or her children. There was also another young child present (who was independent); however, the individual failed to mention this to the police. Given the age of this child, it's unlikely I could explore this option with his parent.

Hope this helps.

Keeley

Expert:  Ash replied 2 years ago.
Indeed. I would not worry about this. It is just a warning and Won't be recorded against your police national computer record. However if it goes further and the police try and charge you if the alleged incident happens again then there has to be evidence for a conviction and in the public interest.
In terms of defamation these are sadly high court proceedings and the cost of taking it to trial would be circa £15,000. This is not a matter which you would get legal aid and they are very expensive to run to trial. If you have these sort of funds then you can take action.
But this is a just a warning, if a complaint was made then the police have a duty follow it up. It is only if it goes to charge would a higher test be required.
I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please ?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex,

One final point - the notice/letter that the police handed me states a copy will be retained in accordance with the national guidelines on the Management of Police Information, which seems to conflict with your first sentence?

Perhaps you can kindly clarify.

Thanks.

Keeley

Expert:  Ash replied 2 years ago.
No its a warning. it does not show on your PNC. It will be held and recorded but won't show up on your PNC.
It is not a conviction or caution.
Does that help Keeley?
Alex
Customer: replied 2 years ago.

That's fine - no further questions.

Many thanks.

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.