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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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My son has been wrongly convicted, a guy keeps accusing him

Customer Question

My son has been wrongly convicted, a guy keeps accusing him of using threatening behaviour towards him, he made an other accusation last night and the police came to arrest my son, he has been in prison for two weeks, so it's clear the guy has made it all up, this seems very unfair, and I wanted to know what I can do about it
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Have the Police done anything about the person making complaints please?
Customer: replied 2 years ago.

I don't know

Expert:  Ash replied 2 years ago.
Ok. Clearly someone can't keep making false reports. The Police can take action for wasting Police time and you should encourage them to do so.
Sadly you cant stop someone reporting to Police but the Police can prosecute if its false.
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
Customer: replied 2 years ago.

It won't get my son out of prison then ?

Expert:  Ash replied 2 years ago.
Yes it could. If these are false then the CPS could take no further action and release.
Does that help?
Alex
Customer: replied 2 years ago.

what do I need to do then ?

Expert:  Ash replied 2 years ago.
Contact the Police, see if the CPS will review the matter further.
Does that help?
Alex
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am sorry but I am afraid there is no realistic point in contacting the police. Prosecutions involving offences against public justice are Crown led. They do not bring those prosecutions on the basis of reports. Otherwise almost every complainant where the allegation is denied would be prosecuted.
If the fact that he is remanded provides him with an alibi for this particular report then they may well have given him a wasting police time fine anyway.
If not, you could complain to the IPCC.
A better option though is to get a solicitor to write to him warning him that this amounts to indirect harassment as indeed the case of Waxman confirms. I have found that one letter warning off the vexatious accuser is usually sufficient.
If it isn't then you can sue in the civil courts for harassment and seek a partial injunction. The injunctions never quite stop them making reports but they do place a huge question mark over the quality of their allegations for the future which is often all that is needed.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Should i get a solicitor for that ?

Expert:  Jo C. replied 2 years ago.
There is no legal aid for this type of thing.
You can send a letter out yourself but it is fair to say that a letter before action from a solicitor is much more effective.
However, it does involve cost.
Customer: replied 2 years ago.

Sorry I'm confused I thought that the fact that the complainant has lied, would make my sons conviction unsafe, surely he should be released

Expert:  Jo C. replied 2 years ago.
That makes no sense at all.
The recent allegation cannot have been why he was remanded because he was already remanded at the time of the alleged offence.
If it is just that he has been remanded on another allegation made by this person and this false report casts doubt about it then they are not going to release him for that reason alone.
Expert:  Jo C. replied 2 years ago.
And also, if he has been convicted it is game over realistically.
The fact that he has lied on a subsequent allegation doesn't mean the conviction isn't safe.
Customer: replied 2 years ago.

Ok thank's that does answer my question, I just needed to know if I should be doing anything.

Expert:  Jo C. replied 2 years ago.
The next time he makes an allegation ask for sight of this CRIS and use it against him.