Is it possible to prosecute someone for making false allegations about another person, leading to their arrest? Apparently it is common practice for a person that has assaulted someone to make counter allegations in order to try and avoid prosecution, or to encourage the initial complaint to be dropped. Is this true?
Allan Woodward, Workington, Cumbria
- You could sue them for libel or slander. Technically these crimes are torts rather than criminal offences so an arrest wouldn't occur. In extreme cases however you could possibly have them charged with GBH as a result of the mental anguise you suffered.
Tom, London
- "Malicious prosecution" is a tort which is actionable through the civil courts. It is an action generally taken against the police (since they initiate the bulk of criminal prosecutions) but is available where a private prosecution has taken place. The complainant would have to show that there was manifestly no reason and that there was malice in the decision to launch the initial prosecution, a mere finding of not guilty would not be sufficient. Counter allegations are indeed often made where a prosecution arises out of a simple fight and this can indeed influence a police decision to take no action. Where each party sustains a similar degree of harm and, in the absence of good third party evidence, it can be very difficult to prove the word of one party against the other. Where a court finds in favour of a complaint of "malicious prosecution", the remedy is damages.
Steve, Leeds
- Further to previous answers the criminal offence of making false allegations is covered under the common law offence of perverting the course of public justice. The actual wording of the offence is 'Where a person deliberately makes a false allegation about an offence in order to have a person arrested.' This would amount to attempting to pervert the course of public justice. Consideration could also be given to an offence under section 5(2) of the Criminal Law Act 1967, which covers wasteful employment of the police, better known as wasting police time.
Justin, Lancing Sussex
- The Guardian has just run a story along these lines recently - Neil and Christine Hamilton suing publicist Max Clifford for insinuating their guilt (the police decided there was no case to answer) in a rape case, brought by his client. Beautifully described by paper using the Wilde quote "the unspeakable in pursuit of the inedible".
John Davis, Otley
ncG1vNJzZmivp6x7tbTEoKyaqpSerq96wqikaKafqbK0rc2dqK6dop6ytHvQrpyrsV9leXaDlGxjZmpmbX55eI9pZaGsnaE%3D