Can a charge of 'perverting the course of justice' be brought against somebody who has willingly made a false allegation?

20th Jul 2018

I work in supported housing with aduts affected by mental health issues. I am currently a suspected party in a safeguarding investigation after a client I had been assigned and who didn`t like my approach made a complaint of sexual harrassment. This is completely ficticious and born out of a wish to see me dismissed from my post. However, I have numerous emails and contact notes that are date stamped and saved within internal systems that clearly detail all of our interactions going back since I began in post and that will prove the phoney nature of the allegation. However, this is a dastardly and slanderous act that is causing me much anxiety and stress. The client is not unwell and is currently of sound mind. Given this, and the fact that I feel there should be consequences for this malicuious and deliberate act. I believe that the charge would be perverting the course of justice, but I would like clarity on this matter if possible?

CATEGORY: Criminal

LOCATION: GREATER LONDON

1 answer
  • Kent Criminal Law

    Yes, provided that there is sufficient evidence to bring a prosecution against that party. The Crown Prosecution Service apply a two-stage test to all prosecutions that they bring (at least in theory). The first part of the test is evidential, is there a realistic prospect of a successful prosecution? The second test is as to whether the prosecution is in the 'public interest'? In circumstances such as you describe, where there are mental health issues involved, it may be that the Crown would take the view that the public interest may not be served in pursing a prosecution. However, I have had cases where makers of false allegations of rape and sexual assault have been prosecuted.

     

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