This guidance applies to cases when a charging decision is being made in relation to a person who has made an allegation of rape or domestic abuse and one of the following situations apply:
- It is suggested that their allegation is false;
- They have retracted their allegation; or
- They have withdrawn a retraction [“double retraction”].
For the purposes of this guidance any reference to rape should be read to include other sexual offences. The person who made the original complaint about whom the charging decision is being made is referred to as “the suspect”.
In these three situations the following two offences should be considered:
- Perverting the Course of Justice [below], and
- Wasting Police Time contrary to section 5(2) of the Criminal Law Act 1967 [see below].
The guidance below deals with issues common to both offences. References to “relevant offences” should be read as meaning these offences.
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