Have you been the victim of a false allegation made against you?
If so, the person who made the allegation can be charged with perverting the course of justice, however, in our experience, it is very rare for the police to investigate proven false allegations and for prosecutions to be issued against these people.
A false allegation can have a devastating effect on a person’s life, often leading to public “naming and shaming” before conviction, damage to reputation, loss of job and career, financial difficulties and relationship breakdowns. Where allegations are of a sexual nature and especially involving children, this can lead to Social Services involvement and your relationship with your own children or other young relatives being irretrievably damaged.
If you have been investigated for an offence and either had the case discontinued, been found not guilty at trial, or had a conviction quashed because of false allegations made against you, it is possible for you to seek justice by taking out a private prosecution.
A private prosecution allows you to prosecute the person making the false allegations with perverting the course of justice.
This is a complex area of law, and you should discuss the matter with our expert team of private prosecution lawyers to review the best way forward.
When a person deliberately makes a false allegation of a crime in the knowledge that there is a risk that police will conduct an investigation, this should trigger the police and prosecution service considering issuing a prosecution against that person. However, the CPS admit that “such prosecutions are rare” and even where the evidential requirements to bring about a prosecution are met, the decision may still be made to not prosecute the person making the false allegation.
This hardly seems fair if you have been falsely accused of an awful crime, if you have had your name in the newspapers detailing what you are accused of, if you have lost your job because your company are scared to be associated with you, if you will struggle to recover your position in your industry, if your marriage has broken down because of the stress, if you have not been allowed unsupervised contact with your children, if you have mortgaged your home to pay legal fees.
If you have been through all of that, you probably believe that the person who has deliberately made false allegations against you, should be brought to justice.
And, sadly, there is every chance that you will find the police and CPS unwilling to help you with this
That’s where we come in.
We are dedicated to seeking justice for people across England and Wales.
Our specialist team are experts in this field.
Perverting the course of justice is a serious offence that must be dealt with in the Crown Court and carries a maximum sentence of life imprisonment.
The legal definition of perverting the course of justice is when a person does an act or a series of acts, which has a tendency to pervert, and which is intended to pervert the course of justice.
The course of justice includes the police investigation of a possible crime and it is not necessary for legal proceedings to have begun, any false allegation which places an innocent person at risk of being arrested or convicted is sufficient. The person making the false allegation only has to intend that it be taken seriously; they do not have to intend that someone would actually be arrested or convicted.