Been Accused

[Don'tKnowWhatToDo]

Sorry I didn't clarify, it was SS who said I am not allowed unsupervised contact with children, I still think this is kind strange since the accuser is, and was of legal age during the time it supposedly took place.

I would fight hard to get my information taken off of the database, but I'm not sure it two witnesses who were able to confirm that I was not alone with her would be 'evidence' more so due to the witnesses being family to both me & the accuser.

The accuser isn't someone who thinks things through, always looking for attention and all that sort of stuff, and is by no means clever, & I know for a fact that if the police was to put any sort of pressure on her, or to pick apart her story in her presence she would crack almost instantaneously, and I would definitely put money on it that the police have had no contact with her since her statement.

EDIT: I actually went down to the station yesterday, the sergeant is refusing to see me, and every time I try to get ahold of the person who was in charge of the case she is always conveniently not at the station, and will 'call me back' to which I never receive a reply since November)

In November I attempted to make a complaint about how the investigation was being handled, due to the accuser saying it happened at my sisters home, with both my sister & her husband in the house at the time, and when they went to talk to them they only spoke to my sister and said her husband 'was not relevant to the case, as he wasn't mentioned in either of the statements' when he was mentioned in both of em, and was specifically named by the accuser as being in the house when it supposedly happened so is surely crucial to the case?

[Lilyput]

Can your partners conviction really go your record, i work with children and would be devastated not to be able to continue over a lie thats nothing to do with me.

[soulbug]

Can your partners conviction really go your record, i work with children and would be devastated not to be able to continue over a lie thats nothing to do with me.

I've been told no ,but on this forum , someone's past did show on there husband / partners check .... Hopefully that is a rare exception , I was told on another website ,not to worry as nothing would show on my partners crb check , she works with children too .

Rights fighter will know more if it happens a lot or just on the rare occasion.

[AmandaF]

My OH's charges show up on mine

[soulbug]

My OH's charges show up on mine

Hi Amanda ,I hope you won't mind me asking ,but are you the person that RF refers to when she mentions it can happen, that the o.h's record showed up on there's ?

Do you know if it is a common / typical thing to happen or was it considered as unusual for your O.H record to show up on your check ?

[Rights Fighter]

No it's not.

Check post #10 on this thread

[soulbug]

No it's not.

Check post #10 on this thread

Hi RF ,thank you for your reply , would you say it is common for the a partners record to show up or is it a rare occasion that it can happen ?

I had not met my partner during the investigation or subsequent court visits ,I think we met around 6 months after my case was thrown out , would that make it highly unlikely that my record would show up on hers ?

[Lilyput]

This thing is probaly going to mess up my entire life then

[Arsenal12]

No it's not.

Check post #10 on this thread

I was browsing the site and it said it was your birthday.... So

Happy birthday Rights Fighter.....

[Casehardened]

Thank you hunnibunns! It's my 21st birthday (again) and it's raining so your post has cheered me up!

Not quite belated so Very Best Wishes for your birthday

Hope you had a great day....

[hello88]

• Malicious/False Allegation. Where the case against an individual has been withdrawn at any stage, and there is corroborative evidence that the case was based on a malicious or false allegation.

now the things is i have proof that this allegation is done maliciously but they havent (yet) withdrawn, - or is this meaning that the police deciding to withdraw it (nfa??)

[TotalNightmare]

A link to that info would be very helpful

Thanks

The link to the guidance is here: https://www.acro.police.uk/acro_std.aspx?id=699

Finally received my police certificate in the post.

I find it odd, because it says my finger prints and DNA were destroyed on 8th October 2015 - literally the same day I was interviewed and released on bail?

Unfortunately the arrest does appear on my record as "NFA (NO FURTHER ACTION) - BAIL CANCELLATION LETTER" along with the allegation "RAPE OF FEMALE 16 YEARS OR OVER" and it lists the offence dates as 01/03/13 to 07/10/15 - basically the entire period I knew my accuser up until the arrest date.

Time to write to the Chief Inspector I guess...

[Jerome Goulding]

The link to the guidance is here: https://www.acro.police.uk/acro_std.aspx?id=699

Finally received my police certificate in the post.

I find it odd, because it says my finger prints and DNA were destroyed on 8th October 2015 - literally the same day I was interviewed and released on bail?

Unfortunately the arrest does appear on my record as "NFA (NO FURTHER ACTION) - BAIL CANCELLATION LETTER" along with the allegation "RAPE OF FEMALE 16 YEARS OR OVER" and it lists the offence dates as 01/03/13 to 07/10/15 - basically the entire period I knew my accuser up until the arrest date.

Time to write to the Chief Inspector I guess...

Removal of DATA held.

Under the ACPO (the Association of Chief Police Officers - now renamed 'The National Police Chiefs Council' - NPCC) Retention Guidelines, there is an 'Exceptional Case' procedure for the removal of DNA, fingerprints and PNC records. As each Chief Police Officer is the Data Controller of their PNC (entries), they have the discretion to authorise the deletion of any specific data entry on the PNC owned by them. However, this discretion is only ever exercised in absolute exceptional cases.

Exceptional cases will, by definition, be rare (about 1 in 1000 of those who request it). They might include cases where it can be proved that the arrest was unlawful, or where it is established beyond doubt that no offence existed. He lies the nub of the issue - how do you prove that the arrest was unlawful or that without doubt no offence ever existed as it becomes your word against theirs?

Just write and challenge everything. In very troubled times, when I really thought I was in a bizarre nightmare and needed to rationalise some of my most destructive thought, I wrote it down.

Further thoughts according to 'Chairman 'Jerome' Moa' are available on my web site www.false-arrest.co.uk

Best wishes.

Jerome

[TotalNightmare]

Removal of DATA held.

Under the ACPO (the Association of Chief Police Officers - now renamed 'The National Police Chiefs Council' - NPCC) Retention Guidelines, there is an 'Exceptional Case' procedure for the removal of DNA, fingerprints and PNC records. As each Chief Police Officer is the Data Controller of their PNC (entries), they have the discretion to authorise the deletion of any specific data entry on the PNC owned by them. However, this discretion is only ever exercised in absolute exceptional cases.

Exceptional cases will, by definition, be rare (about 1 in 1000 of those who request it). They might include cases where it can be proved that the arrest was unlawful, or where it is established beyond doubt that no offence existed. He lies the nub of the issue - how do you prove that the arrest was unlawful or that without doubt no offence ever existed as it becomes your word against theirs?

Just write and challenge everything. In very troubled times, when I really thought I was in a bizarre nightmare and needed to rationalise some of my most destructive thought, I wrote it down.

Further thoughts according to 'Chairman 'Jerome' Moa' are available on my web site www.false-arrest.co.uk

Best wishes.

Jerome

That's the crux of it, I cannot disprove beyond reasonable doubt because my accuser was my wife, and no one but us has insight into our private lives.

The thing I am going to rely on though, is that I was arrested and questioned before she had ever made a statement under caution. She withdrew allegations before making a police statement, and if the police had reason to suspect I was a genuine rapist, they would have continued with prosecution even without her consent.

This is what happened in the Louis Richardson case.

It is crazy because prior to 2006, if no conviction arose, PNC data was deleted automatically after a set time. Now, even NFAs and NCs are held until the accused is 100 years old, alive or dead. This change was simply a policy change from police data handlers, not from parliament.

[Jerome Goulding]

When the brand becomes discredited, change the name but not the product!

............

It is crazy because prior to 2006, if no conviction arose, PNC data was deleted automatically after a set time. Now, even NFAs and NCs are held until the accused is 100 years old, alive or dead. This change was simply a policy change from police data handlers, not from parliament.

This is an important issue. I give Theresa May - the Home Secretary some credit here, as she has tried to wade into an affray about record holding of data by the Police on PNC and its retention. The bottom line is that parliamentarians are very reticent to do battle with the Police (maybe a fear of being stitched up themselves? Think, about a politician calling them 'plebs'.)

ACPO (now renamed), because of an image issue (something in my opinion to do with 'questionable' procedures of the private limited company they became), seem to call all the shots and decide the operational rules. This is without too much guidance from parliament. Most of the laws governing data are in my opinion not suitable for the Police service. Let me give one example. The Police must observe all the guidance set out in the Data Protection Act. Factual data can be accessed under the data protection action, with a court order. Subjective, 'opinion based', assumptions and guesswork (held in any form of data) that then becomes the only reason for an arrest on suspicion cannot be accessed, as it is protected by law. This is because it is data that is an 'opinion' by of the individual police officer and is not accepted by a court that deals with facts. This has a major bearing for redress when it come a non-evidence/d arrest. This is so wide open to abuse allowing cases like mine to happen. The police know that ultimately they are immune from redress because of the PACE regulations allowing them to arrest anyone, purely on guesswork/suspicion (disregarding the impact it has on the individual life).

This may give half an answer to why 'high profile' people (with a few 'bob'), are not challenging the police actions when they are arrested on suspicion and later NFA'd. Because like me they have been probably advised it will take shed loads of money and we might not be able to get all documents relating to the polices actions, even with a court judgement, because this would cut across the basic premise of the 'Data Protection Act' about the release of documents which are not factual. Yes, the law complex and conflicting.