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Can someone accused on a crime ask the victim to retract the allegation?

(21 Posts)
BlankTVscreen Wed 25-Jan-17 18:09:02

If someone is accused of a crime and it is being investigated by the police but no charging decision has been made, are they allowed to approach the alleged victim and ask/pressure them to retract the allegation?

sotiredbutworthit Wed 25-Jan-17 18:09:52

No. That's witness intimidation and perverting the course of justice.

ImperialBlether Wed 25-Jan-17 18:10:09

I doubt it! I think the victim would have to tell the police if that happened. It's a second offence, isn't it, as they're interfering with the course of justice.

BlankTVscreen Wed 25-Jan-17 18:16:16

Ah, ok so I'll send the letter to the police then. Bit confused why my solicitor who was sent the letter did not advise doing this but she is a family solicitor so maybe not her area.

But is it still witness intimidation given no charges have yet been brought, so technically I'm not a witness yet?

MrsBertBibby Wed 25-Jan-17 18:20:53

www.legislation.gov.uk/ukpga/1994/33/section/51

That's the law. Take it to the polIce.

BlankTVscreen Wed 25-Jan-17 18:22:23

Oh dear, been guilty of lazy posting when a quick Google would provide the answer blush but in my defence the term 'witness intimidation' was what I needed to Google and I wouldn't have thought of it without this thread.

So a quick Google tells me that witness intimidation includes 'acts against a person assisting the investigation of an offence' so that clearly covers before charges have been made. I will forward letter to police forthwith. No confidence they'll actually do anything about it, but that's a whole other thread.

BlankTVscreen Wed 25-Jan-17 18:23:06

Oh, thank you -mrsbert cross post grin

sotiredbutworthit Wed 25-Jan-17 18:24:30

Make sure you keep a copy. Take a photo is it or photocopy it.

sotiredbutworthit Wed 25-Jan-17 18:24:53

*of it!

FannyWisdom Wed 25-Jan-17 18:26:16

Was the letter sent to you or solicitors?

BlankTVscreen Wed 25-Jan-17 18:34:31

It was in an email sent to the solicitor. Re-Reading (it was sent some weeks ago) it was a politely worded request that I retract my allegation. Perhaps that is not against the law since no threat was made?

MrsBertBibby Wed 25-Jan-17 18:48:52

Still potentially perverting the course of justice.

persuading, or attempting to persuade, by intimidation, harm or otherwise, a witness not to give evidence, to alter his evidence or to give false evidence;

BlankTVscreen Wed 25-Jan-17 18:52:53

Thanks - re-re-Reading (!) the whole email there are oblique implied threats to take court action if I don't act 'reasonably' so I'm just going to whack it over to the OIC and let them decide. Although little to no confidence that they'll take any action.

BlankTVscreen Wed 25-Jan-17 20:03:37

Just thought - it's not subject to legal privilege or something because it was emailed to my solicitor? It's ok to send it to the police?

Fidelia Sun 29-Jan-17 08:11:57

Legal privilege is between you and your solicitor, not between them and someone who isn't paying them

MrsBertBibby Sun 29-Jan-17 09:45:34

That's not actually true, though, Fidelia, there's without prejudice privilege, for starters.

OP, if he's put "without prejudice" on the email, then he might try to say it's privileged, however, that privilege a) can't be used to cloak blackmail or other unconscionable conduct, and b) is about non disclosure in the relevant court proceedings, not to give some general expectation of privacy, so no, I don't think there's any reason not to take it to the police even if he has marjed it "without prejudice",

northernmonkey1010 Sun 29-Jan-17 11:14:08

Your solicitor probably didn't advise you this because he probably thought you would have a bit of common sense but obviously not

BlankTVscreen Sun 29-Jan-17 14:31:43

Northernmonkey confused OK

BlankTVscreen Sun 29-Jan-17 14:32:27

Others - thanks for the helpful advise - it was not marked WP

MrsBertBibby Sun 29-Jan-17 14:33:24

Then go for it!

BlankTVscreen Sun 29-Jan-17 15:14:37

Will do - thanks smile

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