Tag: POLICE

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POLICE

Wasting police time and perverting the course of justice

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In the UK, anyone can be charged with wasting police time and perverting the course of justice, regardless of gender. These are serious criminal offenses that can carry significant penalties upon conviction, including imprisonment.

Wasting police time involves making a false report or statement to the police with the intention of causing them to investigate a non-existent crime. This offense can be charged under Section 5 of the Criminal Law Act 1967 or Section 51 of the Police Act 1996.

Perverting the course of justice involves any action that obstructs, prevents or perverts the course of justice in a criminal investigation or legal proceedings. This can include giving false evidence, interfering with witnesses, or destroying or concealing evidence. This offense can be charged under Common Law or Section 1 of the Perjury Act 1911.

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POLICE

False Allegations and the CPS

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The data that forms the basis of the annual tables is derived from the CPS Case Management System (CMS), CPS Witness Management System (WMS) and its associated Management Information System (MIS).

2. In those cases where it was determined that a victim lied or made a false allegation, how many of the female accusers were issued with a fixed penalty, how many were charged with “wasting police time” and how many were indicted for “perverting the course of justice”?

3. Of those indicted with “perverting the course of justice”, how many were convicted and how many of those convicted served a custodial sentence.

The CPS does not hold any records relating to Fixed Penalty Notices (FPNs) as these are issued by Police. We are therefore unable to provide data pertaining to the number of females who received FPNs in the circumstances described in part two. The Police may be able to provide this information.

In order to establish the number of females who were charged with wasting police time and perverting the course of justice, for the reasons outlined in part two, and the number convicted of perverting the course of justice as requested in part three, a manual examination of all cases involving these offences would be required.

As an indication of the work this would involve, our records indicate that in the two-year period ending December 2019 there was an equivalent of 1755 cases involving offences of attempting/conspiring/perverting the course of justice and an equivalent of 457 cases involving offences of wasting police time, in which a prosecution commenced.

|Publication,  Sexual offences

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LINDA C J TURNER POLICE Q & A with #LindaCJTurner

Q & A – What does “accessory before the fact” mean?

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An “accessory before the fact” is a legal term that refers to someone who helps plan or facilitate a crime but is not present at the scene when the crime is committed. Unlike a principal by procurement, an accessory before the fact may not have directly encouraged or arranged the crime, but they provided some form of assistance or support that helped the crime to be committed.

For example, if someone loans a gun to someone else, knowing that the other person intends to commit a crime with it, they could be considered an accessory before the fact. Even though they did not directly participate in the crime, they provided the means to commit the crime and knew it was going to be committed.

An accessory before the fact can be charged and punished in the same way as the actual perpetrator of the crime, because their actions contributed to the commission of the crime. In some cases, an accessory before the fact may also be charged with conspiracy to commit a crime, if they were actively involved in planning or encouraging the commission of the crime.

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LINDA C J TURNER POLICE Q & A with #LindaCJTurner

Q & A – What is “principal by procurement”

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A “principal by procurement” is a legal term that refers to someone who does not personally commit a crime but who arranges, encourages, or facilitates the commission of a crime by another person. This person is considered to be just as guilty as the actual perpetrator of the crime, because they were actively involved in causing the crime to be committed.

For example, if someone hires a hitman to kill someone else, they would be considered a principal by procurement, because they did not commit the murder themselves, but they were actively involved in arranging and encouraging the commission of the crime.

Under the law, a principal by procurement can be charged and punished in the same way as the actual perpetrator of the crime. This is because the law recognizes that the person who sets a crime in motion is just as responsible as the person who physically carries it out.

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Antisocial Personality Disorder Borderline Personality Disorder DESTRUCTIVE PSYCHOLOGICAL DISORDER PERSONALITY DISORDERS POLICE

Using a third party to commit criminal damage

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Using a third party to commit criminal damage is a serious offense and can have legal consequences. Criminal damage is the intentional destruction or damage of property belonging to someone else without their consent. If you hire or encourage someone else to commit criminal damage on your behalf, you can be charged with conspiracy to commit a crime and could face serious penalties.

It is important to remember that using a third party to commit criminal damage is not a victimless crime. It can result in innocent people being hurt or having their property damaged, and can also have a negative impact on the community as a whole.

If you have been asked to commit criminal damage on behalf of someone else, it is important to refuse and to report the request to the police or other authorities. You may also want to seek legal advice to protect yourself.

If you have already been involved in criminal damage or hired someone else to commit the crime on your behalf, it is important to come forward and take responsibility for your actions as soon as possible. This may help to minimize the consequences of your actions and may also help to repair any damage that has been done.

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POLICE

Using a third party to file a fake police report

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Using someone else to file a fake police report is a serious offense and can have legal consequences. Filing a false police report is a crime, and if you involve someone else in the process, you can be charged with conspiracy to commit a crime.

It is important to remember that filing a false police report is not a victimless crime. It can result in innocent people being investigated or even arrested, and can waste valuable police resources that could be better used elsewhere.

If you have been asked to file a false police report by someone else, it is important to refuse and to report the request to the police or other authorities. You may also want to seek legal advice to protect yourself.

If you have already filed a false police report or been involved in someone else’s false report, it is important to come forward and tell the truth as soon as possible. This may help to minimize the consequences of your actions and may also help to clear the name of anyone who was falsely accused.

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POLICE

Can you sue someone for false allegations UK?

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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.Can you sue someone for false allegations UK?

https://www.theguardian.com/notesandqueries/query/0,5753,-26818,00.html

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Alienation POLICE

Wasting Police Time – section 5(2) Criminal Law Act 1967

The public interest will favour a prosecution in any one of the following circumstances:

  • police resources have been diverted for a significant period (for example 10 hours);
  • a substantial cost is incurred, for example a police helicopter is used or an expensive scientific examination undertaken;
  • when the false report is particularly grave or malicious;
  • considerable distress is caused to a person by the report;
  • the accused knew, or ought to have known, that police resources were under particular strain or diverted from a particularly serious inquiry;
  • there is significant premeditation in the making of the report;
  • the report is persisted in, particularly in the face of challenge.

https://www.cps.gov.uk/legal-guidance/public-justice-offences-incorporating-charging-standard

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Alienation POLICE

How will the offence of Wasting Police Time be approached by the Prosecution?

The prosecution will pursue the case if there are specific public interest circumstances. These include:

• police resources have been diverted for a significant period;
• a substantial cost is incurred;
• when the false report is particularly grave or malicious;
• considerable distress is caused to a person by the report;
• the person making the report knew, or ought to have known, that police resources were under particular strain or diverted from a particularly serious inquiry;
• there is significant premeditation in the making of the report; and
• the report is persisted in, particularly in the face of challenge.

https://www.bestcriminaldefencebarrister.co.uk/criminal-defence-barrister-blog/2021/wasting-police-time-s5-2-criminal-law-act-1967/

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Alienation POLICE

Evidence based social media use: an exploratory UK investigation into residents’ perceptions of police Facebook use

Social media is an integral part of modern society and is used by billions of people worldwide. In a policing context, police services are starting to use social media platforms to interact with their communities. However, academic literature is lagging regarding the effectiveness of police use of social media. The purpose of this study is to gather public perceptions regarding the police’s use of social media particularly the use of Facebook.

Design/methodology/approach

The study administered a cross sectional survey recruiting participants who are policed by one of the larger police services in England and Wales. A total of 294 respondents completed the survey providing their views on their police service’s use of social media.

https://www.emerald.com/insight/content/doi/10.1108/SC-09-2019-0033/full/html