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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69360
Experience:  Over 5 years in practice.
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My boyfriend has been charged with perverting the course of

Customer Question

Hi,
My boyfriend has been charged with perverting the course of justice..
He doesnt have this as a previous and has not been in trouble with police for past 7 years.
He lied to police about someone harrassing him and police found evidence that this was not true and arrested and charged to appear in court.
I know this is a serious offence and he could go to prison but i was hoping that perhaps looking at the nature of the case would a non custodial sentence be considered?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

It depends. I'm afraid that false allegation does often lead to custody and men are sent to prison far more commonly than women. What was the effect of the false allegation? Was an innocent person arrested?

Customer: replied 1 year ago.
well yes, infact it was myself...hes married and we have been in a relationship for the past 2 years. I went to his house after an argument and they called police and i was arrested. He said he didnt know me and that i was harrassing him...after spending the night in a cell i told police everything and they gathered evidence proving that we were infact seeing each other and hed been to my property and there was cctv evidence of us together at a restaurant and AMPR cameras near my house and phone evidence and so on...which resulted in his arrest and being charged.
Expert:  Jo C. replied 1 year ago.

Well, that is a problem.

Are you giving evidence against him?

Customer: replied 1 year ago.
no,they only have my police interview..
this is where i gave them all of the information
Expert:  Jo C. replied 1 year ago.

How long did you spend in custody upon his allegations?

Customer: replied 1 year ago.
i was arrested around 9pm and released next day after interview 6.30am
Expert:  Jo C. replied 1 year ago.

Were you released on police bail? If so, how long before you were told?

Expert:  Jo C. replied 1 year ago.

Told your fate?

Customer: replied 1 year ago.
i was released on bail after interview around 6.30am to reappear at the police st pending their enquiries...i was told later that week that there would be no further action.
Expert:  Jo C. replied 1 year ago.

He could go to prison I'm afraid. This is perverting and that is taken seriously.

There is caselaw that says that a person making a false allegation would ordinarily expect proper custody.

The cases do generally concern people who have been kept for much longer bail periods though. The case of Merrick concerns a person detained for nine hours and bailed for three months. That lead to three months custody.

This was overnight but actually you were not left in suspense for very long.

Expert:  Jo C. replied 1 year ago.

Unless he has relevant previous convictions, I would expect the Judge would try to suspend his sentence. If he does get a custodial sentence then it would be short.

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