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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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I need help with a particularly tricky issue. I have

Resolved Question:

Hello I need help with a particularly tricky issue. I have a teenage son who is going through a difficult phase, and has been in trouble with he police on several occasions. In some of these cases he has been guilty and convicted of theft, but many charges have been dropped or throw out of court. The most serious is that of child abduction which mercifully was throw out of court, he is currently on bail for rape of a minor who was 14 (but told us she was 15) and who is now pregnant with another boys child (he is not being prosecuted for any offence). As an upshot of this I am now being evicted from my home and have been given a weeks notice to quit. This is obviously an edited version of events but there are many other issues involved, most seriously my home has been raided by the police on several occasions, causing even more damage to an already broken home and I am at my wits end as nobody seems able to help and I am feeling that the law is being manipulated against me and the people meant to be helping us are actively making the situation worse. Can you help?
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.
What would you like to know abou this please?
Customer: replied 2 years ago.

I would like to know what is actually legal for the police to do in this situation, and how I can defend myself against it. For example they have broken my doors and windows, they have told my sons new girlfriends parents that my son a rapist and is trafficking in young girls, bearing in mind that my son is 16 and the girl he was seeing only 2 years younger. There is absolutely no evidence to support any of these allegations. They have also passed this information on to the council and it is on the basis of this (and admittedly some lesser offenses of theft which he has been guilty of) that they are now evicting me.

Expert:  Jo C. replied 2 years ago.
There is evidence to support it. He is on bail for rape of a minor. It might well not be a merited allegation and he may be acquitted but there is evidence to support it.
They are free to make disclosure to another person who may, in their view, be in danger such as his new girlfriend.
In terms of damage to property, you will really need to give me more information about that. They cannot just turn up and randomly break property. That is criminal damage as it would be with anybody else. However, if they were executing a power of search or entry then they can use reasonable force to break in. They do exceed reasonable force sometimes and if they have done so then that would be worthy of a compliant at least in principle.
It is a matter for you whether you pursue it. It is not something I would ever advise. I have found generally that the whole constabulary then unite to take revenge against a person who complains against one sometimes understandably and often not.
Also, in truth, the real fault here lies with the person who make the allegation against your son sparking off all of this rather than the police themselves who have to respond to these nonsense reports.
Sorry but I can only give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks for your time and although truthful it is not particularly helpful in what I can legally do to resolve the situation favourably. I understand that you can only respond to what you have been told as can the police, but it just seems crazy that those charged to uphold the law resort to revenge rather than justice. There doesn^t seem to be much hope at all.

Expert:  Jo C. replied 2 years ago.
Well, there are no magic wands. She has made an allegation and it has to be investigated.
There is no way of preventing tha and, in fact, any attempt to do so would be an offence in itself.
The problem with these allegations in particular is that they are mostly false or wildly exaggerated in an attempt to get revenge. That is why the police had the policy they did for many years.
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