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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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The police say that false evidence given by their officer is

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The police say that false evidence given by their officer is bound to be good because the CPS was satisfied with it. I have asked the CPS if they verified it, and if they did, how did the manage to become satisfied with evidence that is plainly false. The have refused to answer. I eventually sent a time is f the essence letter to Mrs Saunders of CPS. There was no answer.

Are CPS liable for false evidence?
Jo C.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What's the nature of the offence please?
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Customer: replied 4 years ago.

I was persecut3ed by two police officers for 15 months during which they alleged harassment, e.g. picking up dog dirt, parking with one tyre on the top of a kerb. CPS rejected all of it. Eventually the encouraged me to tackle the hooligans myself because they were a man short. Then they charged me with harassment. I was given a conditional discharge. From the witness stand the officer said there had been no complaints, but the IPCC said that there had been 19. The police say that the officer's evidence was good because the CPS was satisfied.

Thanks.

The point the IPCC are making is that they cannot be sure the evidence given by the police amounts to a falsehood because CPS accepted it and it would appear the Magistrates did as well if you were given a conditional discharge as that must have followed a conviction.

I am realistic. I know that police officers do lie sometimes and that Magistrates accept their evidence because they are generally biased in favour of the Crown as well. I know that is outrageous and, for what its worth, the Magistrates Court should be closed down tomorrow.

However, from the point of view of what action you can take now, if the officer's evidence was accepted in a court of law then it is considered true in law unless it can literally be shown that it cannot be accurate.

The fact of an inconsistency over the number of complaints may be critical or it may be insignificant. Most witnesses are inconsistent over some things. It doesn't mean their evidence is false overall.

Can I clarify anything for you?

Jo
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