Sentencing Guidelines for Perverting Course of Justice - False Rape

[felix]

I know the police won't typically go after accusers unless the admit they lied [not sure why, any ideas !)


However, if they do and if they are found gulity, I found this on sentencing. Possibly old news, but i had not seen it before.

http://www.cps.gov.uk/legal/s_to_u/s...se_of_justice/

False allegations of rape

R v Merritt [2006] 1 Cr. App. R. (S) 105
Reviewed authorities. Husband accused and held in custody for 9 hours; sentence reduced to 4 months imprisonment.

R v Fletcher [2006] 2 Cr. App. R. (S) 24
False allegation led to victim being in police custody for 17 hours and waiting 3 months before being told that no further action would be taken; 2 years imprisonment upheld.

R v Beeton [2009] 1 Cr. App. R. (S) 46
Appellant made false allegations of rape against two young men, in respect of one over a period of months and having a profound effect upon him. Sentence reduced to three years imprisonment.

R v McKenning [2009] 1 Cr. App. R. (S) 106
False allegation of rape, for which a man was in custody for 27 hours and left in suspense for three months. "Every false allegation of rape ... makes the offence harder to prove and, rightly concerned to avoid the conviction of an innocent man, a jury may find itself unable to be sufficiently sure to return a guilty verdict." Two years imprisonment upheld.

R v England [2011] 1 Cr. App. R. (S) 51
False allegation of rape leading to police investigation lasting 24 days and the detention of the suspect for 28 hours. 18 months reduced to 12 months on appeal to reflect full credit for guilty plea. Save in cases where offender is suffering from the most acute mental illness the sentence will always be immediate custody. Sentences vary from 4 months to 3 years. The longest sentences are reserved for cases where an innocent person has been maliciously targeted.

[wunderland]

I think a false accuser (somone they know is really lying SHOULD BE GIVEN A LIFE SENTENCE) and the police officer who arrests an innocent person and put's the through hell should be liable to prosecution

A HEART FOR A HEART

LIFE FOR LIFE

[Rights Fighter]

I think a false accuser (somone they know is really lying SHOULD BE GIVEN A LIFE SENTENCE) and the police officer who arrests an innocent person and put's the through hell should be liable to prosecution

A HEART FOR A HEART

LIFE FOR LIFE

They don't know the person who they have arrested is innocent though, do they? They have to go through certain procedures when a complaint is made, and rightly so. If officers didn't arrest people for fear of prosecution then the guilty would walk free every single time.

[wunderland]

They don't know the person who they have arrested is innocent though, do they? They have to go through certain procedures when a complaint is made, and rightly so. If officers didn't arrest people for fear of prosecution then the guilty would walk free every single time.

I am talking about when the police for 2 years know somone is innocent but like for example:

http://www.youtube.com/watch?v=VmA87T9DpOQ

or another example :

http://www.dailymail.co.uk/news/arti...threesome.html

YES the police do need to know they will get in trouble when they are just being arrogant racist power hungry nazi's

[wunderland]

Again what im saying is

WHEN a police officer arrests somone even when it is clear the accuser is clearly lying and makes the innocent person wait for 2 years of hell to go on trial and be thrown straght out of court because there is no chance in hell it happened that police officer has caused SUCH MENTAL DAMAGAE he or she should be thrown in jail for 2 years ................................I am not saying a criminal should not be arrested im talking about the clearly innocent thats all im going to say to explain myself maybe one person will understand and agree with me but .........................

[Faith]

Those are extreme examples Wunderland.

Often police behave in a very poor and sometimes corrupt fashion. But the solution wouldn't be to prosecute any policeman who arrests an innocent person...nobody would ever get arrested and, like RF says, real criminals would get away with their crimes.

[Faith]

Also, in the second article, there is no indication that the police behaved badly at all. He showed evidence that it was false and was NFA'd. The two women were then prosecuted.

[Rights Fighter]

It might turn out that somebody is innocent after the police 'investigations' but that is AFTER the arrest. At the time of arrest the police won't know that person is innocent. I agree that there are some cases where the police will do all they can to get a prosecution once they realise that the suspect is innocent but these are not the majority of cases. It might seem there are hundreds of thousands of such cases - but we are actually a minority.

If it can be proved that a person has been maliciously prosecuted (by the police) steps can sometimes be taken. They rarely succeed but some have been known to.