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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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Can I insist that the police tell me who made an incorrect

Customer Question

Can I insist that the police tell me who made an incorrect accusation against my daughter?They say they have a signed statement from a complainer, and I want to establish if it was done with malicious intent.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No, I am sorry. They will not give that you information to avoid reprisals.
The only way you would seek it is to obtain an injunction forcing them to hand it over but to do that you would need to show that you have a potential cause of action. They will not grant an injunction just on a fishing expedition to see if there is a claim.
In any event, only your daughter could bring that claim as she is the wronged party not you.
If she was investigated for this then they would have had to disclose her identity anyway.
Sorry but I can only give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Hi,

Thanks, ***** ***** do you mean by " a potential cause of action"? My daughter gets harassed by her ex-boyfriend and his mother. The ex has been charged twice and been found guilty twice of harassment and breach of the peace. We believe his family are trying to take revenge on my daughter by lying to the police and my above question / complaint is directly related to this. I think this family are wasting police time and should be charged as such.

Expert:  Jo C. replied 1 year ago.
Well, that is probably right. That does tend to be what happens when you make reports to the police especially arising from domestics.
I'm afraid they are not going to show you a statement so that you can ascertain whether it was him or not and a court will not order them to.
There is no realistic chance of a wasting police time charge. Of course, it is a waste of police time but then most reports are especially arising from relationships. It is literally exceptional that anybody is charged and even then they only get fixed penalty fines.
If they carry on lying and making further allegations then there is an option to sue in harassment but you would need a very large number of allegations. In excess of twenty probably. You would also need to be able to disprove them which is very difficult. That is the real reason people get away with it.
I wouldn't get involved in this if I were you. You just leave it to her to sort out. You don't want to end up in trouble yourself which does tend to happen with these situations.
Customer: replied 1 year ago.

We have already successfully had the ex charged, and found guilty of harassment, so I do not see why we should endure more. What are our ASBO options with regard to this? Can we take these out under civil law?

Expert:  Jo C. replied 1 year ago.
Not on this basis.
He is free to make a complaint if he wants to.
This isn't anti social behaviour.
In any event, individuals can't see ASBOS. Only the police or the council can do that.

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