Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

DH was incorrectly told he was being charged for a crime.

78 replies

Amae · 17/10/2025 21:56

Hi all,

looking for some advice:

DH was arrested on suspicion of violent disorder (was not involved at all), interviewed and released. A few days later he was called by a police officer who informed him that the CPS were charging him and the officer needed to hand-deliver a charge sheet for court.

DH and officer agreed a time and date for him to deliver the charge sheet but the officer never arrived. After numerous calls from my husband to try and contact him, he eventually answered and informed him he'd been 'mistakenly charged' and to completely disregard any previous communications.

My husband runs his own business and we have young children, for weeks we were under the impression he was being charged for a crime he did not commit- the amount of stress this caused for both of us was absolutely huge.

Worth mentioning that when he was arrested, this was after our family home had been dawn raided in the early hours.

DH keeps getting emails about making a claim about being 'mistreated by the police' so we are curious as to whether we have any grounds to persue this or is it a complete waste of time?

Thankyou for taking the time to read all of this, and advice is greatly appreciated.

OP posts:
NewHat · 17/10/2025 22:17

It’s not something I would do but that’s because I don’t like the police and so want as little to do with them as I possibly can.

Silvertulips · 17/10/2025 22:19

I think you have to decide if this is something you want to drag on.

It’s a horrible thing to be part of, sounds like he has a claim!!

If he has access to decent lawyers - why not!

PollyBell · 17/10/2025 22:21

He was wrongly accused it seems but how was he mistreated?

TY78910 · 17/10/2025 22:22

Wow. No experience of the police here but this read just like a plot to some kind of BBC one drama.

Absolutely complain. The amount of stress you’ve been through, you need to let that out.

Chat GPT the process, and if there is anything out there that’s worth pursuing (I’m sure police get it wrong all the time but from the limited info I have I think if someone’s been charged wrongfully you could get compensation. Your DH wasn’t in the end so don’t know what the likelihood here is). But most importantly ask for 100% proof in writing that this isn’t going to come up on any background check. They screwed up once, who’s to say they rescinded that charge off his file properly?

Shedmistress · 17/10/2025 22:23

PollyBell · 17/10/2025 22:21

He was wrongly accused it seems but how was he mistreated?

Do you regularly have dawn raids in the early hours round yours for no reason?

Amae · 17/10/2025 22:29

PollyBell · 17/10/2025 22:21

He was wrongly accused it seems but how was he mistreated?

Probably by being told he was being charged for a crime he didn't commit - waiting weeks for the charge papers only to then be told it was all a mistake? Whilst in the meantime, he was making plans to close his business and I was preparing to raise our 6 month old and 7 year old kids on my own whilst paying a mortgage and bills?

OP posts:
Amae · 17/10/2025 22:33

Silvertulips · 17/10/2025 22:19

I think you have to decide if this is something you want to drag on.

It’s a horrible thing to be part of, sounds like he has a claim!!

If he has access to decent lawyers - why not!

thanks for your reply, tbh we didn't really think it was worth going down this road as we just wanted to leave it behind us but he had another email tonight and I just thought it was with an ask to people who may know more about these things than we do x

OP posts:
Amae · 17/10/2025 22:34

Thanks so much for your reply. I will definitely ChatGPT this, that's a great idea. X

OP posts:
godmum56 · 17/10/2025 22:45

how is he getting the emails? who knew he had been charged?

Amae · 17/10/2025 22:48

godmum56 · 17/10/2025 22:45

how is he getting the emails? who knew he had been charged?

We were actually just chatting about this, he has no idea- I can only assume it's either a weird coincidence or things like your phones mic picking up on conversations which, to be fair, does seem absolutely mad.

OP posts:
rwalker · 17/10/2025 22:53

godmum56 · 17/10/2025 22:45

how is he getting the emails? who knew he had been charged?

I was involved in an accident got one of these emails hours afterwards had only told the people at home

Lurkingandlearning · 17/10/2025 22:58

Amae · 17/10/2025 22:48

We were actually just chatting about this, he has no idea- I can only assume it's either a weird coincidence or things like your phones mic picking up on conversations which, to be fair, does seem absolutely mad.

Or someone who knew what happened gets a finders fee from the company for new business.

Chiseltip · 17/10/2025 23:01

None of this makes any sense. Violent disorder is not something that you get mistakenly arrested for retrospectively. I can see how it might happen if he was walking past a group who were kicking off and he somehow got "involved", at the same time the responding officers arrived on scene.

But to reasonably form an opinion that he was involved, to the point where a briefing was organised, officers tasked and and OIC to brief the arrest team, there must have been some evidence. Likely CCTV or multiple witnesses all naming your DH.

What exactly was the chain of events?

You would only have a claim against the police if they were negligent in some way or the arrest was unlawful or excessive force was used. Being arrested for a "crime you didn't commit" isn't necessary negligence, or something that you would have a reason to sue for.

Kiwo · 17/10/2025 23:05

I don't know about making a "claim" but on the face of it it does sound like someone messed up (with the communication about charging him, if not with the original arrest), so you might want to make a complaint.

You can call 101 and say you want to make a complaint, or look on the force website for how to do it online.

Amae · 17/10/2025 23:44

Chiseltip · 17/10/2025 23:01

None of this makes any sense. Violent disorder is not something that you get mistakenly arrested for retrospectively. I can see how it might happen if he was walking past a group who were kicking off and he somehow got "involved", at the same time the responding officers arrived on scene.

But to reasonably form an opinion that he was involved, to the point where a briefing was organised, officers tasked and and OIC to brief the arrest team, there must have been some evidence. Likely CCTV or multiple witnesses all naming your DH.

What exactly was the chain of events?

You would only have a claim against the police if they were negligent in some way or the arrest was unlawful or excessive force was used. Being arrested for a "crime you didn't commit" isn't necessary negligence, or something that you would have a reason to sue for.

Edited

Thanks for your reply. He was walking into a pub where there was some kind of football-related 'brawl' going on and was wearing one of those disposable blue masks at the time because he has lupus (it was in the winter so he was just being cautious) He was wearing a black zip up jacket and we can only assume that they thought he was one of them and wearing the mask for a disguise?

OP posts:
Kimura · 18/10/2025 00:34

Amae · 17/10/2025 23:44

Thanks for your reply. He was walking into a pub where there was some kind of football-related 'brawl' going on and was wearing one of those disposable blue masks at the time because he has lupus (it was in the winter so he was just being cautious) He was wearing a black zip up jacket and we can only assume that they thought he was one of them and wearing the mask for a disguise?

I'm assuming you've left a few details out here as this seems very bizarre.

Whilst in the meantime, he was making plans to close his business and I was preparing to raise our 6 month old and 7 year old kids on my own whilst paying a mortgage and bills?

This is a bit dramatic. Even if he was guilty, unless he has a history of similar convictions he's not going to prison for a bit of a scrap in a pub. Surely your solicitor would have told you that?

NewHat · 18/10/2025 07:58

Kimura · 18/10/2025 00:34

I'm assuming you've left a few details out here as this seems very bizarre.

Whilst in the meantime, he was making plans to close his business and I was preparing to raise our 6 month old and 7 year old kids on my own whilst paying a mortgage and bills?

This is a bit dramatic. Even if he was guilty, unless he has a history of similar convictions he's not going to prison for a bit of a scrap in a pub. Surely your solicitor would have told you that?

Well quite. Why did he think he was going to get sent to prison for fighting even if he did do it?

Amae · 18/10/2025 08:06

Kimura · 18/10/2025 00:34

I'm assuming you've left a few details out here as this seems very bizarre.

Whilst in the meantime, he was making plans to close his business and I was preparing to raise our 6 month old and 7 year old kids on my own whilst paying a mortgage and bills?

This is a bit dramatic. Even if he was guilty, unless he has a history of similar convictions he's not going to prison for a bit of a scrap in a pub. Surely your solicitor would have told you that?

I'm not sure where the confusion is for you- he was told he was being charged with violent disorder - that was the charge against him, not being charged with having a scrap in a pub?

OP posts:
Katrinawaves · 18/10/2025 08:12

None of this is true. Not sure why @Amae has posted it - maybe to see whether it would make a good plot line for a novel?

Think about this logically. There is a mass punch up in a pub. The police are called and arrest those involved. They may look at CCTV afterwards but if they did they would see that the man entering the pub in the blue mask did not get involved in the fracas so they would not pursue identifying that person and then dawn raiding their house.

If they did think the OP’s husband was involved, this still isn’t a dawn raid scenario. He’s a local business owner so easy to find. They would have come to his office or home during normal working hours and asked him some questions. Possibly under arrest. Or even contacted him by phone and asked him to come to the police station at a prearranged time.

Moving on to the charge. People aren’t charged by a police officer hand delivering a charge sheet. If he had been arrested and was on police bail he would have been called back to the police station with his solicitor and formally charged by the custody sergeant. Alternatively he would have been contacted and told the CPS declined to prosecute.

Starlight7080 · 18/10/2025 08:17

I fully get mistakes can happen.
But what they could have done is came out and told him and made an apology. Instead of him having to chase it up. And dragging on the stress for you all

PollyBell · 18/10/2025 08:18

Amae · 17/10/2025 23:44

Thanks for your reply. He was walking into a pub where there was some kind of football-related 'brawl' going on and was wearing one of those disposable blue masks at the time because he has lupus (it was in the winter so he was just being cautious) He was wearing a black zip up jacket and we can only assume that they thought he was one of them and wearing the mask for a disguise?

They arrested him, not sure how they identified him him quickly enough be able to arrest him but anyway it all still doesn't all add up

Amae · 18/10/2025 08:19

Katrinawaves · 18/10/2025 08:12

None of this is true. Not sure why @Amae has posted it - maybe to see whether it would make a good plot line for a novel?

Think about this logically. There is a mass punch up in a pub. The police are called and arrest those involved. They may look at CCTV afterwards but if they did they would see that the man entering the pub in the blue mask did not get involved in the fracas so they would not pursue identifying that person and then dawn raiding their house.

If they did think the OP’s husband was involved, this still isn’t a dawn raid scenario. He’s a local business owner so easy to find. They would have come to his office or home during normal working hours and asked him some questions. Possibly under arrest. Or even contacted him by phone and asked him to come to the police station at a prearranged time.

Moving on to the charge. People aren’t charged by a police officer hand delivering a charge sheet. If he had been arrested and was on police bail he would have been called back to the police station with his solicitor and formally charged by the custody sergeant. Alternatively he would have been contacted and told the CPS declined to prosecute.

God mumsnet can be so horrible sometimes - it is true. Why do you have to put such a rude, sweeping statement? Couldn't you have just given your reply without that?

OP posts:
Katrinawaves · 18/10/2025 08:48

Amae · 18/10/2025 08:19

God mumsnet can be so horrible sometimes - it is true. Why do you have to put such a rude, sweeping statement? Couldn't you have just given your reply without that?

Well if we strip out the hyperbole which makes the whole scenario sound completely implausible and the story is this:

my husband was arrested on suspicion of violent disorder after a fight in a pub in which he was not involved. He was questioned and released on police bail. After some months he was contacted by the investigating officer who told him that the CPS had agreed that charges should be brought but he wasn’t in fact charged and the police have since confirmed there is to be no further action. Can he claim compensation?

Then the answer is no. The police are entitled to investigate serious crimes and those investigated are not entitled to compensation if they are not charged or even if they are charged and then acquitted. The exceptions would be where they had been assaulted in police custody or there had been serious wrongdoing but failing to charge him when the CPS had advised there was a case to answer is not enough.

Amae · 18/10/2025 08:49

Katrinawaves · 18/10/2025 08:48

Well if we strip out the hyperbole which makes the whole scenario sound completely implausible and the story is this:

my husband was arrested on suspicion of violent disorder after a fight in a pub in which he was not involved. He was questioned and released on police bail. After some months he was contacted by the investigating officer who told him that the CPS had agreed that charges should be brought but he wasn’t in fact charged and the police have since confirmed there is to be no further action. Can he claim compensation?

Then the answer is no. The police are entitled to investigate serious crimes and those investigated are not entitled to compensation if they are not charged or even if they are charged and then acquitted. The exceptions would be where they had been assaulted in police custody or there had been serious wrongdoing but failing to charge him when the CPS had advised there was a case to answer is not enough.

See, that was all you needed to write in your original post to sound like less of a dick. Thanks, that makes sense.

OP posts:
Rainbow1901 · 18/10/2025 08:54

rwalker · 17/10/2025 22:53

I was involved in an accident got one of these emails hours afterwards had only told the people at home

You'd be surprised at who and what is listening to you. DH and I have been discussing various 'topics' at home. Alexa was listening in and we were both bombarded with ads/emails for the said topics! Ditto my phone listens in on stuff - it is scarily spooky!!

Swipe left for the next trending thread