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Withdraw Police Complaint
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NoteWell
Jan 10, 2012, 9:25:16 AM1/10/12
to
Someone I know made a complaint to the police about the actions of a
third party. The complainer has now withdrawn his complaint to the
police because it became apparent to the third party that the complainer
was not as white as white in his own actions - he let the complainer
know this and what he knew about him. The complainer was concerned that
his own past and actions would be questioned in court; therefore he
withdrew his complaint.
Surely this is wasting the police time. I have no idea what reason he
gave to the police for withdrawing the complaint; but will the police
just stop any investigation at the whim of the original complainer.
Will they have had to give a reason - other than I don't fancy my day in
court.
Doesn't seem quite right to me.
Notewell
third party. The complainer has now withdrawn his complaint to the
police because it became apparent to the third party that the complainer
was not as white as white in his own actions - he let the complainer
know this and what he knew about him. The complainer was concerned that
his own past and actions would be questioned in court; therefore he
withdrew his complaint.
Surely this is wasting the police time. I have no idea what reason he
gave to the police for withdrawing the complaint; but will the police
just stop any investigation at the whim of the original complainer.
Will they have had to give a reason - other than I don't fancy my day in
court.
Doesn't seem quite right to me.
Notewell
Mark Goodge
Jan 10, 2012, 1:20:02 PM1/10/12
to
On Tue, 10 Jan 2012 14:25:16 +0000, NoteWell put finger to keyboard and
typed:
It's only wasting police time if it was done deliberately with the aim of
wasting police time, or if there really was absolutely no substance to the
complaint at all but the complainer just felt like doing it for a lark.
People change their minds are making a complaint all the time. Something
done in the heat of the moment that they later regret, or a realisation
that they've got no prospect of bringing it to a successful conclusion, or
being persuaded to drop it in return for concessions by the object of the
complaint, or simply realising that they were mistaken to begin with, or
not fancying having to go to court, or realising that continuing it could
cause them more hassle than it's worth, etc, etc.
It isn't illegal to make a mistake or change your mind over a complaint to
the police. Nor should it be.
Mark
--
Blog: http://mark.goodge.co.uk
Stuff: http://www.good-stuff.co.uk
typed:
wasting police time, or if there really was absolutely no substance to the
complaint at all but the complainer just felt like doing it for a lark.
People change their minds are making a complaint all the time. Something
done in the heat of the moment that they later regret, or a realisation
that they've got no prospect of bringing it to a successful conclusion, or
being persuaded to drop it in return for concessions by the object of the
complaint, or simply realising that they were mistaken to begin with, or
not fancying having to go to court, or realising that continuing it could
cause them more hassle than it's worth, etc, etc.
It isn't illegal to make a mistake or change your mind over a complaint to
the police. Nor should it be.
Mark
--
Blog: http://mark.goodge.co.uk
Stuff: http://www.good-stuff.co.uk
Chris R
Jan 10, 2012, 6:35:01 PM1/10/12
to
The complainer was concerned that
> >his own past and actions would be questioned in court; therefore he
> >withdrew his complaint.
> >Surely this is wasting the police time. I have no idea what reason he
> >gave to the police for withdrawing the complaint; but will the police
> >just stop any investigation at the whim of the original complainer.
> >Will they have had to give a reason - other than I don't fancy my day in
> >court.
> >Doesn't seem quite right to me.
>
> It's only wasting police time if it was done deliberately with the aim of
> wasting police time, or if there really was absolutely no substance to the
> complaint at all but the complainer just felt like doing it for a lark.
>
The offence is wasting police time *by making a false report*.
> >his own past and actions would be questioned in court; therefore he
> >withdrew his complaint.
> >Surely this is wasting the police time. I have no idea what reason he
> >gave to the police for withdrawing the complaint; but will the police
> >just stop any investigation at the whim of the original complainer.
> >Will they have had to give a reason - other than I don't fancy my day in
> >court.
> >Doesn't seem quite right to me.
>
> It's only wasting police time if it was done deliberately with the aim of
> wasting police time, or if there really was absolutely no substance to the
> complaint at all but the complainer just felt like doing it for a lark.
>
http://www.legislation.gov.uk/ukpga/1967/58/section/5
I was interested to see section 5(1), which i hadn't come across before,
which is relevant to attempts to settle disputes by threatening to involve
the police.
Of course the police or prosecutors don't need a complaint to continue a
prosecution, but in practice they will not generally proceed with a minor
charge for an offence against a particular person if that person does not
complain, if only because it is difficult to make charges stick if you do
not have a co-operating witness. If the offence is serious or the complaint
is withdrawn late they may still decide to proceed.
--
Chris R
========legalstuff========
I post to be helpful but not claiming any expertise nor intending
anyone to rely on what I say. Nothing I post here will create a
professional relationship or duty of care. I do not provide legal
services to the public. My posts here refer only to English law except
where specified and are subject to the terms (including limitations of
liability) at http://www.clarityincorporatelaw.co.uk/legalstuff.html
======end legalstuff======
Percy Picacity
Jan 11, 2012, 4:10:02 PM1/11/12
to
"Chris R" <inv...@invalid.munge.co.uk> wrote in
news:5uadnYAgSbeVV5HS...@brightview.co.uk:
On the other hand, if you withdraw your complaint to the extent of
repudiating your statement and making a contradictory one you stand
a chance of prosecution for attempting to pervert the course of
justice. Rather famously, a woman was recently imprisoned (and
later pardoned) in Wales somewhere for making a statement
withdrawing a complaint of rape she had previously made. So there
is clearly a difference between saying you don't want to pursue a
matter and denying it ever happened.
--
Percy Picacity
news:5uadnYAgSbeVV5HS...@brightview.co.uk:
repudiating your statement and making a contradictory one you stand
a chance of prosecution for attempting to pervert the course of
justice. Rather famously, a woman was recently imprisoned (and
later pardoned) in Wales somewhere for making a statement
withdrawing a complaint of rape she had previously made. So there
is clearly a difference between saying you don't want to pursue a
matter and denying it ever happened.
--
Percy Picacity
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