The Impact of False Allegations

A recent case seen in Cheshire highlights the impact false allegations can have on someone’s life.  Jade Parker from Crewe in Cheshire made false allegations against a male suggesting they had assaulted her on two occasions. The police investigated these allegations and arrested him twice, leading him to spend time in a police station for crimes he hadn’t committed. Fortunately for him the police were able to establish that these offences couldn’t have taken place as he was elsewhere on both occasions. She was then prosecuted for perverting the course of justice and other allegations and received a custodial sentence totalling 30 months. 

False allegations

Although the majority of allegations made to the police are likely to be true a minority of allegations can be made maliciously for a range of reasons known only to the complainant. In the present case the accused was fortunate as investigations could clearly show that he wasn’t present at the location alleged. It is more problematic to establish the truth on other occasions when it’s one person’s word against another, particularly where the allegations are made in a domestic context as the police (and the general public) tend to assume that the perpetrator is the male partner.

False allegations in the context of family court proceedings

At Olliers Solicitors we deal with such cases at the pre-charge engagement stage when the case is still being investigated. We have had a number of allegations made by female partners against their former male partners which were questionable. Often these allegations are made in a situation where a couple have split up and are going through family proceedings. Often the female partner is seen to ‘weaponise’ the criminal justice system against her former partner to gain advantage in family proceedings. This can be done either by fabricating events or exaggerating them. The Oliers’ pre-charge team have discussed this issue in a recent panel discussion. 

Other instances where we see questionable allegations arise are when:

• The female partner is upset after the male partner breaks up the relationship and they seek revenge. 
• The female partner wishes to qualify for legal aid for family proceedings by alleging domestic violence against her former partner. 
• The female partner wishes to qualify for priority council rehousing by alleging domestic violence against her former partner. 
• The female partner doesn’t wish the male partner to have any or limited contact with the children of the relationship (or the female partners previous children). 

How can I prove a malicious allegation is false?

These allegations are difficult to counter, especially if it is just based on the word of one person. If someone feels that it’s a possibility that this situation will arise, we would suggest:

• Making notes in a diary of specific events and what happened (for example arguments / disputes / other issues). 
• Keeping conversations between you and the other party (text, WhatsApp and any other media). Often people delete conversations which they find later would be helpful. 
• Keeping emails and any other relevant communications. 
• Keeping notes of other people who were present at key moments in case independent witnesses are needed. 
• Keeping any recordings, videos or other material of events that may be useful. 

 Pre-charge engagement and false allegations

All of this may be useful later to contradict untrue allegations. If allegations are made at a later date ensure that you instruct solicitors who are specialised in these types of cases. These types of case particularly benefit from pre-charge engagement which may help prevent the case going to court. Pre-charge engagement refers to voluntary engagement between parties to a criminal investigation (generally the defendant, the police and the prosecution) after the first police interview under caution. Our objective is to make ‘pre-charge representations’ arguing against prosecution – arguing that there is not a ‘realistic prospect of a conviction’ or that a prosecution is not in the ‘public interest’. Effectively, we want to illustrate why the case should not proceed to court and do all we can to minimise the chances of our client being prosecuted.

Why Choose Olliers

We are specialist criminal defence lawyers, experienced in handling false allegations with a discreet & strategic approach. We have a formidable reputation in pre-charge engagement success with many cases resolved before reaching court. We also have an excellent track record in court and are experienced in securing acquittals and case dismissals.

If you are facing a false allegation whether you have been asked to attend for voluntary interview, released under investigation or police bail or been charged with an offence and have a court date please contact us to discuss further. 

We have offices in both London and Manchester and our specialist team of false allegation  lawyers can advise and represent you in relation your case.

Contact our criminal pre-charge investigations solicitors 

If you would like to discuss how we can proactively assist you in relation to a false allegation please contact us by telephone on 0161 834 1515, by email to info@olliers.com or complete the enquiry form below and we will contact you.