Showing posts from January, 2015

False allegations: a short case study

When we think of false allegations the thing that comes to mind, for me at least, is rape.  Everything about sexual offences is controversial.  There are people who believe that false rape allegations are rife and their polar opposites who cannot accept that anybody would ever lie about such a thing.  For what it’s worth, I fall in the middle.  I know that some people lie about being the victim of sexual offences (and all sorts of other offences for that matter) and I also think that most complainants are honest. 
When I say I know some people make false complaints I mean I have acted in two cases where I have no doubt at all that false allegations of sexual assaults were made – I’ve also acted in far more where I believed every word spoken by the victim(s).  But, today’s blog isn’t about sex (sorry if that disappoints you); today is about a false allegation of another type.
I recently advised a man who I am very confident had been the victim of a false allegation that he held a kni…

How do the police decide whether to charge a suspect?

A question I’m often asked by clients (and in a roundabout way by people arriving at this blog using searches that ask the question in a variety of ways), is “how do the police decide whether to charge or take no further action (NFA)?”
What are the options?
Let’s have a quick think about what options are available to the police at the end of an investigation.
First, they can charge or report you for summons to attend court.  Charging means that you are given police bail and are required to attend court in person.  A summons is an order from the court for you to attend or for you to send a solicitor on your behalf.  In many cases where a person is summonsed, the court will allow you the option of entering a plea by post.
Second, you may be given a caution.  These can be a simple caution, which on the face of it is a warning not to be naughty in future, or it can be a conditional caution.  Conditions could include a requirement to pay for the cost of damage or compensation, etc.  Either…

Prison UK: An Insider's View

I have just discovered this blog, written by an ex-prisoner.

I've only had the chance to skim through some of what Alex has to say but it looks like a very interesting read and one I'd like to recommend to anybody with an interest  in the Criminal Justice System.