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Is it possible to take civil action against a person who makes a false allegation to the police?
Let's say that you were falsely accused of rape, the case against you was dropped by the police due to insufficient evidence and you had a wealth of evidence to show that the person had lied. For example CCTV evidence, text messages etc. Can you use defamation laws in order to get an apology to clear your name?
It depends. If the person made false allegations against you to the police but did not make false allegations to your friends and family then the answer is no. Statements made to the police are immune from defamation. Even if there is is poof of malice and a wealth of evidence to show your accuser was lying it is not possible to take civil action in order to clear your name, for example the court ordering the accuser to apologize.
One example is Westcott vs Westcott 2007 where the court of appeal struck out such a case on the grounds that reports to the police are immune from defamation claims. That case can be viewed here http://www.bailii.org/cgi-bin/markup...method=boolean
If a person makes false allegations to your friends and family via text message or email for example or verbally or on facebook or other publications then yes you can make a claim, provided you have enough evidence.
What if the person has no money? Is it worth making a defamation claim
Even if the person has no money it may be worth persuing a defamation claim as the court can make an order for the person to issue an appology and thus clear your name. However, as mentioned above the person needs to have made false allegations to 3rd parties, if they just made allegations to the police then they are immune from a defamation claim.
An alternative to a defamation claim is a Private Prosecution
If a person makes false allegations to the police against you and you have a wealth of evidence to prove that they were lying then the police should pursue this and make further investigations. However all too often the police will tell you to take civil action. The problem is, you can't, since statements made to the police are immune from civil claims, even if it is proven to be malicious. The solution would be a private prosecution. Instead of the Crown Prosecution Service prosecuting the person it would be you and your legal team. Anyone in the UK can bring about criminal proceedings against another person, it does not have to be via the CPS. For example the RSPCA prosecute people directly. However you need to prepare your case properly and need to use lawyers who are experienced in this field.
In the case of a false rape allegation you would prosecute the person for perverting the course of justice, which would typically result in a 12 month custodial sentence.
If you have plenty of evidence and your case is properly prepared by specialist lawyers then it will have a good chance of succeeding. However it may cost £150,000+ should it go to trial. The bad news is that you have to risk this money up front. The good news is that you will be able to claim back your prosecution costs, even if the person is aquitted. However this is on condition that you followed all the proper procedures. If your claim was done in order to get "revenge" and "to put the other person in the dock" in order to make them stressed then you will not be refunded any costs. The other person may even sue you for malicious prosecution. Note: The CPS have a right to take over a private prosecution at any time and discontinue it on the grounds that either there is not enough evidence or that it is not in the public interest. For example if you decided to prosecute the Prime Minister for war crimes in Iraq then it's likely that your case would be quickly taken over by the CPS and discontinued.
If you decided to cut corners and to "do it yourself" instead of employing expensive solicitors, then it's also likely to fail, since you will be unfamiliar with the procedures, be ill prepared and will not be taken so seriously by the court. Even if you have a wealth of evidence. Cases of perverting the course of justice are often difficult to prove, and you will need plenty of evidence and an experienced legal team. Although it is possible, you should not think about prosecuting someone without using experienced lawyers or you will fail.
Summary
If you have been falsely accused but the person only made allegations to the police and to no one else then you can not use defamation laws. If you have a lot of evidence to show that the person lied then report it to the police and put pressure on them to investigate. Failing that try a Private Prosecution, although be prepared to pay £150,000 for it to actually work. If you do it properly you can get all your costs back but only once it's over.
If the person made false allegations to your friends and family then you can use defamation laws to get an apology and clear your name. This can happen out of court and will be the more attractive option for the other party than pay tens of thousands in compensation. Unfortunately there is no legal aid for cases of defamation, but out of court settlements are common, depending on the strength of evidence.
Let's say that you were falsely accused of rape, the case against you was dropped by the police due to insufficient evidence and you had a wealth of evidence to show that the person had lied. For example CCTV evidence, text messages etc. Can you use defamation laws in order to get an apology to clear your name?
It depends. If the person made false allegations against you to the police but did not make false allegations to your friends and family then the answer is no. Statements made to the police are immune from defamation. Even if there is is poof of malice and a wealth of evidence to show your accuser was lying it is not possible to take civil action in order to clear your name, for example the court ordering the accuser to apologize.
One example is Westcott vs Westcott 2007 where the court of appeal struck out such a case on the grounds that reports to the police are immune from defamation claims. That case can be viewed here http://www.bailii.org/cgi-bin/markup...method=boolean
If a person makes false allegations to your friends and family via text message or email for example or verbally or on facebook or other publications then yes you can make a claim, provided you have enough evidence.
What if the person has no money? Is it worth making a defamation claim
Even if the person has no money it may be worth persuing a defamation claim as the court can make an order for the person to issue an appology and thus clear your name. However, as mentioned above the person needs to have made false allegations to 3rd parties, if they just made allegations to the police then they are immune from a defamation claim.
An alternative to a defamation claim is a Private Prosecution
If a person makes false allegations to the police against you and you have a wealth of evidence to prove that they were lying then the police should pursue this and make further investigations. However all too often the police will tell you to take civil action. The problem is, you can't, since statements made to the police are immune from civil claims, even if it is proven to be malicious. The solution would be a private prosecution. Instead of the Crown Prosecution Service prosecuting the person it would be you and your legal team. Anyone in the UK can bring about criminal proceedings against another person, it does not have to be via the CPS. For example the RSPCA prosecute people directly. However you need to prepare your case properly and need to use lawyers who are experienced in this field.
In the case of a false rape allegation you would prosecute the person for perverting the course of justice, which would typically result in a 12 month custodial sentence.
If you have plenty of evidence and your case is properly prepared by specialist lawyers then it will have a good chance of succeeding. However it may cost £150,000+ should it go to trial. The bad news is that you have to risk this money up front. The good news is that you will be able to claim back your prosecution costs, even if the person is aquitted. However this is on condition that you followed all the proper procedures. If your claim was done in order to get "revenge" and "to put the other person in the dock" in order to make them stressed then you will not be refunded any costs. The other person may even sue you for malicious prosecution. Note: The CPS have a right to take over a private prosecution at any time and discontinue it on the grounds that either there is not enough evidence or that it is not in the public interest. For example if you decided to prosecute the Prime Minister for war crimes in Iraq then it's likely that your case would be quickly taken over by the CPS and discontinued.
If you decided to cut corners and to "do it yourself" instead of employing expensive solicitors, then it's also likely to fail, since you will be unfamiliar with the procedures, be ill prepared and will not be taken so seriously by the court. Even if you have a wealth of evidence. Cases of perverting the course of justice are often difficult to prove, and you will need plenty of evidence and an experienced legal team. Although it is possible, you should not think about prosecuting someone without using experienced lawyers or you will fail.
Summary
If you have been falsely accused but the person only made allegations to the police and to no one else then you can not use defamation laws. If you have a lot of evidence to show that the person lied then report it to the police and put pressure on them to investigate. Failing that try a Private Prosecution, although be prepared to pay £150,000 for it to actually work. If you do it properly you can get all your costs back but only once it's over.
If the person made false allegations to your friends and family then you can use defamation laws to get an apology and clear your name. This can happen out of court and will be the more attractive option for the other party than pay tens of thousands in compensation. Unfortunately there is no legal aid for cases of defamation, but out of court settlements are common, depending on the strength of evidence.
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