Being accused of a crime you didn’t commit is up there with one of the experiences in life you absolutely do not want to experience. False accusations can be damaging and have serious repercussions on your life, career, relationships and your mental health.
Sadly, people find themselves in this situation every year. False accusations can be malicious or come from a place of misunderstanding, but the damage, once it’s out there, is huge.
In the UK, everyone is presumed innocent until proven guilty; it’s a cornerstone of British law.
But if you find yourself facing false accusations, knowing what to do and what to expect can help you make sense of the situation and protect yourself against what’s to come.
As upsetting as it is to be accused of something you didn’t do, you need to stay calm. If you are contacted by the police, do not talk to them without first seeking legal representation.
You need a solicitor who is well-versed in all aspects of criminal law and can help you understand and work through the complexities of your case. They will let you know what is happening, what to expect and give you a clear idea of what to expect post-allegation.
At ABV Solicitors, we can talk you through what will happen next and give you the right advice and support.
Remember, anything you say can be used as evidence. So, as soon as the police make contact, simply tell them “I will not comment or answer until I’ve spoken to my solicitor”
It is your legal right to say this as per the Police and Criminal Evidence Act (PACE). If you can’t afford a solicitor, you still have the right to free legal representation. But in the first instance, stay calm, explain clearly that you won’t be responding until you have sought legal advice and refrain from answering any questions.
If you are being interviewed or arrested, you do have several rights, and it’s important you know and understand them to get the right protection in place to tackle false allegations.
From here, your solicitor will advise you on what to say or not say and if you should answer questions, remain silent or give a prepared statement.
Don’t forget, exercising your right to remain silent cannot be used as evidence of your guilt.
In the event of a false allegation, if you choose not to answer, it cannot be misconstrued as tto any guilt.
Evidence can make or break your case if you’re wrongly accused of a crime. You need to make sure you collect all the evidence you can that will prove your version of events.
The type of evidence that can and will be useful here includes
You need a log of dates, times, locations and activities that show your innocence and can give you proof that you didn’t do or weren’t involved in what you’re being accused of.
Do not delete anything. Everything can be beneficial, and deleting anything can implicate you further, as it may look like you have something to hide. Doing so can be classed as interfering with evidence.
Keeping your own records here will help your solicitor build a strong defence for you.
Not everyone facing a false allegation has their case dropped. The evidence determining their innocence doesn’t always appear or line up, and it might not be as simple as telling your side and wrapping things up.
The police have to conduct their investigation, and this can mean a few things for you or give you different outcomes than you might be expecting.
No Further Action means the police do not believe there is sufficient evidence to proceed. It might be that the allegation isn’t supported by evidence, accounts don’t match, or evidence is contradictory.
If you receive an NFA result, you won’t be charged, and the investigation is closed. This is the optimal result when you’re facing charges for something you have been falsely accused of. Your solicitor can explain in more detail what the implications of this are moving forward.
Being released under investigation (RUI) means no decision has been made yet, and further enquiries or evidence are required to make a decision. Unlike bail, you are not required to meet bail conditions, but the investigation remains open; there is no set date for it to be required to end either. It can take days, weeks, or months, and you just need to wait, be patient, and the police will get in touch in due course.
Police bail is issued when further investigation is needed, but conditions are imposed while these enquiries continue. Bail conditions can restrict travel, contacts or require you to return to the police station at a specific date. And you need to follow these conditions — breaching bail conditions is a criminal offence even if the allegation is false.
You might need to attend another interview if new information comes to light. And you should never do this without your solicitor present.
If the police feel it’s warranted, they may refer the case to the CPS, which will then decide whether there is enough evidence to charge and whether it’s in the public interest to do so. A referral however doesn’t always mean an automatic charge.
At ABV Solicitors we understand just how much of an impact on your life a false allegation can have. We have worked many cases alongside clients and know how the process is handled from start to finish. The police have a duty of care to investigate all allegations even if they are false. As the accused, getting the right legal representation here can matter and put you in the strongest position to clear your name so you can move on with your life.
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