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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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all detail provided a clear case of someone who is trying to

Resolved Question:

all detail provided a clear case of someone who is trying to tarnish my image- I have passed the drugs test after he has said I was taking steroids.

He has also told the BTP and my company I have physically assaulted him, I now have to wait for the transport police to carry out their investigation (which should not take long)..so all in all very stressful
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX X will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

-Could you explain your situation a little more?

Customer: replied 1 year ago.
Slightly confused as I have just written a fair bit of detail..myself and another work colleague have had an argument he has then informed my management and the british transport police I have assaulted him even though no contact was made he has also informed both parties I have been taking steroids, I was drugs tested and passed. I also had an interview with police under caution to give my side of the story I now have to wait for them to investigate and my work will also investigate my image has been tarnished..after the BTP finish with me what can I do? can I counter claim against the guy who has made the false allegation? can I also do something about the fact he has said I was taking steroids and I passed the test? are my company also responsible in some way? what can a solicitor do for me I am highly stressed and the chances are after the BTP and my work have finished with me I will take sick leave...I think the guy who as accused me of doing this has already gone sick with stress which is no surprise considering he is a compulsive liar and a lazy work mate. thanks
Expert:  Jo C. replied 1 year ago.
Thanks.

Why did he inform the BTP rather than just the police?
Customer: replied 1 year ago.
Well I can only assume it is because we work on the railway and they are associated with the railway..but I don't really know to be honest...
Expert:  Jo C. replied 1 year ago.
Ok. Sorry but none of that was in your original post. I think it was probably cropped because of the word limit.

Are you asking essentially about the BTP investigation/prosecution or your employment situation?
Customer: replied 1 year ago.
Oh dam I didn't realize the word limit..well yes I want to know after the investigation can I counter act it all some way..and whether there will be any issues with my employment?..he has accused me of assaulting him, there are no cameras in the office and no witnesses just an argument, he has said I put my hands around his throat and man handled him, he also made an allegation of steroid abuse - I subsequently passed the drugs test my company made me take do I have a case ref the fact my company have made me take a drugs test and I have passed it, thus my reputation has been tarnished now
Expert:  Jo C. replied 1 year ago.
I can help you with anything arising from the criminal matter but not the employment I'm afraid.

Its not likely the same expert could help with both. They are entirely different areas of law.

Is that OK?
Customer: replied 1 year ago.
right okay well that will have to do..what about the fact I have had to take a drugs test and passed is that relevant to the criminal side seems as though he has mentioned this to the police
Expert:  Jo C. replied 1 year ago.
I'm really sorry if I'm missing the point but can we just cover this again.

I thought that the allegation was that you assaulted him? Just a brief outline will be fine. Please don't put yourself to detail. I can always ask if I need to know more.

Customer: replied 1 year ago.
Yes we had an argument in the work office just verbal, he then made a complaint to the police saying I assaulted him and put my hands around his throat..i then had to give a statement to the police about what happened in the office which was just a verbal argument
Customer: replied 1 year ago.
the BTP are now investigating it as well as my company - investigating something that nonbody witnessed bar me and him
Expert:  Jo C. replied 1 year ago.
Thanks.

I do completely see why you are aggrieved about this. Unfortunately people make spurious reports to the police all the time and something should be done about them.

The police are under a duty to investigate though. There are lots of human rights authorities that say they have to consider every complaint. That doesn’t mean, of course, that you will be charged and still less convicted.

In terms of what action can be taken afterwards, its fair to say its very limited. Its very hard to get justice for the false complaint in the UK by reason of public policy really.

There is an offence of perverting the course of justice that can be relied upon by the police. It is fair to say that its not used nearly enough basically because its expensive and has a very high evidential test. Its also thought to deter genuine reporting and also to stop people who have lied admitting their lie.

If the police refuse to prosecute him then you can take out a private prosecution but its not a good idea. It will be extremely expensive and CPS may take it over and drop it on public interest grounds.

Another option is for the police to give this person a wasting police time fine. Only the police can issue a fixed penalty fine. You can take out a private prosecution and that will be cheaper but you need the consent of the DPP which isn’t going to be available I’m afraid.

A much better option is to consider a civil action in harassment. You will find a very interesting article on the point here

http://www.1itl.com/news/270/

Its much cheaper and has a lower standard of proof.

However, you will need to show there are at least two false reports although not necessarily both to the police - one to the police and one to your employer may be sufficient.

You should also bear in mind that you will have to be able to show the allegation is false. Its one thing to be able to show that nobody believed it and another to be able to show it is false.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Customer: replied 1 year ago.
right I understand then, so can it be deemed as being false if I am not charged or cautioned for it?...how will the BTP view this if this was an incident nobody else witnessed? will it come down to their opinion? thanks
Customer: replied 1 year ago.
what can they charge me for here? he had no marks there are no witnesses so what would the worst case scenario be for me as it is my word against his, but if they believe him I mean
Expert:  Jo C. replied 1 year ago.
No, absolutely not.

It proves nothing at all if you are not charged. All that means, logically, is that there wasn't enough evidence to charge.

The fact a person is not charged does not prove they didn't commit the offence. Absence of evidence is not evidence of innocence.

Thats why these actions are so hard.

They could charge you with common assault I'm afraid. They could rely on his evidence. Many prosecutions are founded on the basis of just one witness.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 63935
Experience: Over 5 years in practice.
Jo C. and 2 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.
okay brilliant :o/...what about the fact he has accused me of taking illegal substances and I have been drugs tested? but passed the test
Expert:  Jo C. replied 1 year ago.
Its not quite that simple I'm afraid.

The fact that you tested negative does not prove that you haven't take drugs. It just proves that you didnt have drugs in your blood stream at the time of testing. Thats why on Drug Testing and Treatment Orders the requirement is to test on successive occasions.

Of course, the fact of a negative testing gives rise to an inference and, in addition with some other undermining evidence, it may be sufficient to support a harassment claim.

But it doesn't prove anything incontrovertibly. Its very rarely that an allegation can be disproven entirely. Its always hard to prove a negative. That is why its very difficult to take action against a person for making false reports. It can be done but its certainly hard.
Customer: replied 1 year ago.
sorry but the accusation was for steroid taking not drugs steroids are in your system for long periods...
Expert:  Jo C. replied 1 year ago.
Yes, it doesnt make any difference.

Actually cannabis stays in the blood stream for a much longer time than the wasting drugs.

To form a reliance view that a person is a non user there has to be more than one test.

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