PLEASE HELP ! My son has been falsely accused of police assault?

Question

His father and I were there and witnessed everything. He did not assault the police. His court case is coming soon and we are all extremely concerned . A police complaint has been made because of the lies and deception. If he has any convictions against him he will loose his career That is just one reason he would not have committed the charge in the first place. He has no previous convictions against him and has never been to court before.Scottish law. Thank You

Answer 1

sorry you are in this position i live in the UK and this happens every day of the week you cant pick up as newspaper without reading someone has been accused by the police for doing something they have not with out putting a dampener on your sons case when the police get the bit between there teeth there is not a lot you can do.the police do lie I'm afraid in court and on our streets try proving the police officers lying courts believe the police because they are supposed to uphold the law in my opinion they are corrupt and lie as much as the next person i presume your son has a good solicitor and barrister for the trial you have to prove the police are lying and the fact its going to court in the first place must mean the cps believes the police i feel very sorry for your son another victim of the polices lies and corruption i don't know what else to say I'm sure the barrister has explained this all to you.as for complaining very few officers are ever found to be liars its the way the law works I'm afraid i wish your son all the luck in the world he will need it i support him 100 percent and i hope you get a not guilty verdict

Answer 2

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Answer 3

Bubbles, I would agree with all of the advice that JW Dread has given you - you have nothing to lose. I have seen this time and time again (albeit with the Metropolitan Police Service) where the police have been heavy handed and know that they are in the wrong, they lie and say that they were assaulted. They rely on the Court thinking that they are fine upstanding members of society, rather than bullies and thugs who joined the police to abuse the power that it gives them and to give a bad name to all the honest, decent police officers who are out there - and there are many. Hang on to your complaint against the Police, make sure that you get as many character witnesses as you can, whether by written statements or in person. In my experience, they either turn up mob-handed to court and give identical evidence or none of them will show up and the case will be dropped. I genuinely wish you all the best and am sorry that you have had to endure this horrible experience. Don't be discouraged, the odds of the court finding the case against your son not proved are much greater than they may seem. A wise tribunal will also have seen this situation many times before and recognise it for what it is.

Answer 4

Hi,
First of all, Scottish law is a bit different to the rest of UK. They, as far as I know use the same legislation as England, Wales and Northern Ireland.
The UK definition of assault is (basically) the immediate fear of unlawful violence. This can be followed through with a battery which is the application of unlawful violence, ie assault and battery are connected and when one turns into the other it is still considered to be assault basically. That is not to say the other person need FEAR the violence, rather that they were aware that it was about to occur. In other words if I were to say to you that I was about to hit you and you realised what I was intending then I have committed assault. If I follow through and whack you then it is assault and battery, although this is just termed assault in UK.
Assault on Police is really that the person, whether they were aware that he other person was a Police officer or not, put them in immediate fear of unlawful violence or struck them unlawfully.
If the police officer was acting UNLAWFULLY then a defence may be that your son was acting in self defence. I would ask if your son was acting in an unlawful manner and whether or not the police officer had the right to do whatever they did. If your son was acting properly and the officer put their hands on him then possibly, and I stress possibly, the officer has not acted within their remit and your son was entitled, if he feared that he was being attacked, to defend himself.
It's a sticky wicket. The vast majority of Police are fine upstanding and rational people who no more want to prosecute a decent person than stick hot spoons in their eyes. If you have come across a rogue then I'd advise you kick like fu*k and complain to everyone who'll listen.
Why not speak to the station Inspector of where your son was lifted and explain this. Believe it or not they will consider arguements as Police and and the prosecution service are only meant to bring to court cases where the public interest is served. Try to argue that your son's case needs to be held back from court, even if it means a bit of humble pie to apologise to the officer. No matter if they have lied or not an apology is better than a day in court.

Answer 5

According to the law he should firstly go to the court. Once this is done and the court make a decision you will make an appeal if the decision is not the one you waited for. Unless all the procedures were followed by police and court, at final stage after the appeals you have the right to appeal to the European Court which has force to cancel the decisions of the UK court. For more info go to europa.eu Good Luck

Answer 6

You have to accept the police are corrupt and bent. Some are ok, less than 40% though. Go to citizens advice, get a GOOD attorney or move. That is NOT a flippant remark.
After I was "fitted up", the SIB told me they KNEW Norfolk police had done it, why they did not know/ Other police officers told me that it was a fit up, and the Investigating officer was moved the day before she was to write her report!!!
I have just reported a traffic officer in Surrey because he neither knew man management or UK traffic law (I live in France) and in all credit to Surrey police they upheld my complaint.
You are therefore in the lap of how many are bent. Norfolk is known to be very very corrupt and has an atrocious name even in the bill so I can only wish you bonne chance.
Whats his Job?

Answer 7

I have been fined for such a thing under British Law, but there was no real proof that I intended any harm,(And as all, so called criminals supposedly say, I DID NOT actually commit the offence in my view) I still received a fine and was ordered to pay compensation to the officer involved, I have paid the fine, but will not pay the compensation. As for your sons career, I am sure, as with myself, the people in my life, work and other, Know it would be out of sorts for me to do such a thing. Get as many references from people as possible, to write a true opinion of your son, but most of all get a lawyer as soon as possible. I do hope this is of some use.
JW Dread

Answer 8

What are the Police officers actually saying he's done, punch push, kick etc you don't actually say? Your interpretation of the word assault might be slightly different, you may think it's a punch or kick but that's not necessarily so. I thought making a complaint and seeing a solicitor while he was in the nick would be a matter of course.

Answer 9

Demand that the officers previous arrests have ever been questioned and complained against, dig up any information you can find on him and see if you can find any history of any other times he has been investigated.

Get a good soliciter with experience in similar cases and see if you can find anyone else who was there to witness it.

If you find enough evidence in favour of your soon threaten that if you win you will destroy the coppers career. This may force copper to rethink his lies

Answer 10

I have defended someone in a similar case, but this was under English Law and he was let off.. I suggest strongly that you find a good lawyer/ advocate. Plus factor is that you and the Father were witnesses to the so called event. Good luck.