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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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If an IPCC assessor [based in Sale, Manchester] either deliberately

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If an IPCC assessor [based in Sale, Manchester] either deliberately or through a gross error makes a flawed decision about whether a police force ought to have recorded a complaint meaning that the complaint is not recorded when it should have been, can a complaint be made to the Greater Manchester Police that the IPCC assessor has perverted the course of justice, or another offence?
Thank you for your question. My name is ***** ***** I will try to help with this.
No, that isn't perverting the course of justice I'm afraid. There may be a negligence issue. It may be subject to a complaint. That doesn't make it a criminal offence.
In fairness, the IPCC reach incorrect decisions all the time. That doesn't mean it is a crime.
Also, decisions will always displease one party and please another but that doesn't make it negligent.
Perverting requires a person to intentionally do an act which perverts public justice. This wasn't intention and anyway hasn't perverted public justice.
Sorry if that is bad news.
can I clarify anything for you?
Customer: replied 2 years ago.
Hi Jo, it clearly was intentional as the IPCC's assessor had the documents which showed that the police force ought to have recorded the complaint as it concerned matters that took place on their patch - but the force in question claimed it had been recorded by another force, an excuse which is untrue. The true reason they do not want to record is that the case involves senior people in high-profile organisations who have colluded in order to prevent a quasi-judicial inquiry into the deliberate mistreatment of children by adults. If this inquiry had taken place, there is a very strong probability that criminal charges would have followed so the IPCC decision does affect public justice - if the IPCC assessor had made the correct decision the force would have had to record / investigate and therefore it would be shown that offences including Misconduct in a Public Office had taken place - as I have strong documentary evidence for.
Im really sorry but I cannot agree that this amounts to perverting the course of justice even if the facts are as you say.
Customer: replied 2 years ago.
OK, Force A [my local force] says they won't record or investigate because the suppression element of this matter took place outside their jurisdiction and I must report to force B.Force B told me that as Force A have recorded it [not true] they cannot do so, and the IPCC have agreed, despite knowing that this is false.How can I get this investigated by any police force - I have already received legal advice that it can only be investigated by Force B as it is clearly on their patch.It clearly is a PCJ, whether or not it satisfies the techincal conditions, but how can I get any police force to investigate? I do have very strong documentary evidence for MIPO and related offences which stopped a quasi-judicial inquiry being held.I have also received the legal advice that a JR would take months, cost 20K and even if I win there's no obligation for anyone to come out with a different outcome, they only have to look at it again...
It may be on it may be on the patch of force be but that is their internal problem rather than yours.
Truth is, this sounds more like them using this issue as an excuse to avoid telling you that they are uninterested in your complaints. Sadly they do retain discretion to refuse to act upon reports.
Judicial review is not a particularly elongated form of legislation but it is expensive and it is a very high test. Also it does not force a different outcome.
Customer: replied 2 years ago.
I already know that neither Force A or B are interested and it's obviously because the ''accused'' are senior people in high-profile positions. I have seen the list of reasons for the police not to record and there's none that apply to this case. Surely there must be some way [apart from going through the media, which I am reluctant to do] for me to get this investigated. I just do not know what is being covered up and the extreme steps taken by some people to keep this from an inquiry only make things more serious
There is no way of forcing them to act upon a complaint I'm afraid.
Beyond complaining to the IPCC there is nothing that can be done apart from the press. We do not have prosecution on demand in the UK.
The only other alternative is to judicially review the decision to refuse to act but that will be expensive and it will only force them to reconsider rather than to prosecute even if you succeed.
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