Nor should they be criminalised for merely retracting an allegation because true allegations can be retracted for a broad range of reasons. They should not be deterred from reporting their allegations. On the one hand, victims of rape and / or domestic abuse making truthful allegations require the support of the criminal justice system. Prosecutions for these offences in the situations above will be extremely rare and by their very nature they will be complex and require sensitive handling. References to "relevant offences" should be read as meaning these offences. The guidance below deals with issues common to both offences. Wasting Police Time contrary to section 5(2) of the Criminal Law Act 1967.Perverting the Course of Justice, and.In these three situations the following two offences should be considered: The person who made the original complaint about whom the charging decision is being made is referred to as "the suspect". įor the purposes of this guidance any reference to rape should be read to include other sexual offences. They have retracted their allegation or.It is suggested that their allegation is false.This guidance applies to cases when a charging decision is being made in relation to a person who has made an allegation of rape or domestic abuse and one of the following situations apply: Observations on the Public Interest Stage.Use of Retractions as Basis of Prosecution. Use of Retraction to Support Falsity of Original Complaint.Cases Involving a Retraction or Double Retraction.Cases Where it is Suggested the Complaint is False.
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