Please tell what legislation the CPS use to prosecute those who make false sexual allegations?

Henry Shrimp (Account suspended) made this Freedom of Information request to Crown Prosecution Service

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Henry Shrimp (Account suspended)

Dear Crown Prosecution Service,

Please tell what legislation the CPS use to prosecute those who make false sexual allegations against others?

Please tell me if this would apply to those who make false sexual allegations in the workplace?

Yours faithfully,

Henry Shrimp

Freedom of Information Unit, Crown Prosecution Service

Dear Mr Shrimp

 

FREEDOM OF INFORMATION ACT 2000 REQUEST

 

We confirm receipt of your request for information.

 

Your request was received on 5 December 2011 and we are dealing with it
under the terms of the Freedom of Information Act 2000. Please note there
is a twenty working day limit (from receipt of request) in which we are
required to respond to requests under the Freedom of Information Act 2000.

 

The deadline for your request is 2 January 2012, however we will endeavour
to respond sooner.

 

Yours sincerely

 

 

 

Information Management Unit

Tel:  020 3357 0899

Fax: 020 3357 0229

E-mail:  [CPS request email]

 

 

 

*********************************************************************
This e-mail is private and is intended only for the addressee and any copy recipients.
If you are not an intended recipient, please advise the sender immediately by reply e-mail
and delete this message and any attachments without retaining a copy.

Activity and use of CPS Connect systems, the Government Secure Intranet, and the
Criminal Justice Extranet is monitored to secure their effective operation and for other
lawful business purposes. Communications using these systems will also be monitored
and may be recorded to secure effective operation and for other lawful business purposes.
*********************************************************************

name removed 23 Oct 2012 (Account suspended) left an annotation ()

Dear Mr Shrimp and CPS

I would like to know what happens when the false sexual allegations have been the result of police demanding that a person with mental health problems is deemed appropriate to make allegations on video or in interview when the medical staff determine that actually the person is ill?

This would seem to be very poor practice on behalf of both the CPS and Police for allowing such allegation to stand, as it may be seriously tainted by mental disorder and confabulation.

Thank you for your help

Yours sincerely

[name removed]

Henry Shrimp (Account suspended) left an annotation ()

It is a criminal offence under the Protection from Harrassment Act 1997 for anybody, including Civil Servants and Police Officers to make (or encourage) anybody to make a false sexual allegtion against another person if that person see's it as harrassment. This is because it creates an hostile and intimidating enviroment and the person/or people either making (or in your case encourageing them), knew or ought to have known that it would create such an enviroment. In others words use the Protection from Harrassment Act 1997 and file a complaint.

Freedom of Information Unit, Crown Prosecution Service

1 Attachment

 

FREEDOM OF INFORMATION ACT 2000

 

Dear Mr Henry Shrimp

 

Please find attached CPS’ response to your Freedom of Information request.

 

Yours sincerely,

 

D Ponder

Information Management Unit

 

*********************************************************************
This e-mail is private and is intended only for the addressee and any copy recipients.
If you are not an intended recipient, please advise the sender immediately by reply e-mail
and delete this message and any attachments without retaining a copy.

Activity and use of CPS Connect systems, the Government Secure Intranet, and the
Criminal Justice Extranet is monitored to secure their effective operation and for other
lawful business purposes. Communications using these systems will also be monitored
and may be recorded to secure effective operation and for other lawful business purposes.
*********************************************************************

Henry Shrimp (Account suspended)

Dear Crown Prosecution Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Crown Prosecution Service's handling of my FOI request 'Please tell what legislation the CPS use to prosecute those who make false sexual allegations?'.

I am not asking for advice. I am amsking you to tell me what legislation the CPS use to prosecute those who make false sexual allegations against others? Either provid the information or I will refer you to the Information Commissioner for failure to follow the Freedom of Information Act.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/pl...

Yours faithfully,

Henry Shrimp

Freedom of Information Unit, Crown Prosecution Service

Dear Mr Shrimp,

Thank you for your e mail of 30 December asking for an internal review of our response to your Freedom of Information (FOI) request. It may help to explain that I have taken the opportunity of re-considering this matter, and in my view this is not an FOI issue but a request for legal advice as to what offences may be prosecuted.
By taking the matter outside the FOI Act 2000, I am able to assist by giving an indication that there are two offences that may be prosecuted in circumstances where a false allegation is made, whether of a sexual offence or indeed any other offence. The first and more serious is the offence usually described as "perverting the course of justice" which is a common law offence triable only on Indictment ( i.e. at the Crown Court). The offence details can be found on our national website, Legal Resources section - then legal guidance section, under the title "Public Justice Offences incorporating the charging standard". The alternative offence which may be used where an allegation is made which is of such a vague nature that there is no risk or no more than a theoretical risk of an innocent person being arrested, then it may be appropriate to consider prosecuting for "wasting police time" contrary to section 5(2) of the Criminal Law Act 1967(assuming the police have used some resource to investigate the matter - even if that may only be by interviewing the person making the allegation). Again the offence is described in detail on our website in the same section under the sub heading "offences concerning the police".

I trust this is helpful.

Yours sincerely,

J Altham
Information Management Unit

show quoted sections