Lied to the police in a witness statement to protect my boyfriend..?

For example, a lot of sexual offences reported to the police aren't even passed on to the CPS to be tried at court. I think sexual offences are a lot more serious than a silly, drunken scuffle. Out of the 5,850 cases of violence against women (mostly sexual in content), only 3,621 went on to charge the defendant to bring them to trial. Now, not to mention the conviction rates are horrific so a lot of them would have walked free. Considering this, do you think the police or the CPS have the time, money, or even the importance to actually charge drunken fights which literally happen hundreds of times each night in the country?

This is pretty extraneous. You're probably aware that of the 5850 alleged rapes the police referred to the CPS in 2013/14, many would've had little in the way of supporting evidence, hence the CPS brought 3,621 case to court.

In OP's case there's CCTV and independent witnesses. It's a fairly easy case to prove.

Reply 41

Ahava

10

Original post by Good bloke

None of this is relevant. What is relevant is that the OP should be advised not to lie to the police if she is called in again. You - a law student, forsooth! - advised her to lie.

Is it acceptable practice for lawyers to advise their clients to lie to the police? I can't believe it would please their liability insurers.

Of course it's relevant. You're just trying to discredit the evidence and statistics I have given you because you know I'm right. Why would so much effort be put in to prosecute a silly little drunken fight when majority of serious offences aren't even taken as far as the CPS? Highly relevant!!!

No, it's not acceptable for lawyers to advise their clients to lie, although I have come across a few cases. However, she is not my client. I doubt she will even become anyone's client either. Sometimes, protecting those who you love is a lot more important than abiding by what the law says you should do. If she wants to lie to protect him, that's her choice and she (and probably has) got away with it. Although, as I said before, I would not advise her to lie in any future circumstances.

Reply 42

Good bloke

19

Original post by Ahava

Although, as I said before, I would not advise her to lie in any future circumstances.

And, as I pointed out, you already have! :rolleyes:

Reply 43

Ahava

10

Original post by pjm600

This is pretty extraneous. You're probably aware that of the 5850 alleged rapes the police referred to the CPS in 2013/14, many would've had little in the way of supporting evidence, hence the CPS brought 3,621 case to court.

In OP's case there's CCTV and independent witnesses. It's a fairly easy case to prove.

CCTV which could be construed by the police of the two girls talking to two random men they have met on the night, and not their boyfriends. Independent witnesses, being her and her friend, when they have already led the police of the trail of who their boyfriends are. To me, not enough sufficient evidence to be taken any further. Even if there was sufficient evidence, like so many cases, would not be taken any further because it was a pathetic drunken fight. This country does not have money, time, or room to lock all those up who have had a fight when drunk.

Reply 44

Ahava

10

Original post by Good bloke

And, as I pointed out, you already have! :rolleyes:

That's her problem, not mine. Many people have lied to protect those they love. I'm guessing you don't know how that feels. If she wants to continue protecting him that's her choice.

Reply 45

SiminaM

15

Awww you'll be rotting in jail together...

Reply 46

Anonymous #3

you'll get charged I dotn know about getting sent down though, but either way not the smartest move ever...

Reply 47

Simes

16

[QUOTE="SiminaM;52928227"]Awww you'll be rotting in jail together...[/QUOTE~~]Alternatively, the OP may be sitting in a women's refuge one day bemoaning how she wishes she'd dobbed him in it one of those occasions when it was someone else he was beating up just to impress her.~~

Edit: 2nd thoughts, too strong.

(edited 9 years ago)

Reply 48

Ahava

10

OP, I am kind of disappointed with the reaction you have got from the post, not to mention that probably the majority of these people do not study law, have never studied law, along with practical experience in working with law firms and the CPS itself.

You will not 'rot in jail' and you certainly do not deserve that. You know by now you shouldn't have lied and from this, you have probably learnt your lesson and won't do it again in the future. By posting this, it shows that you are regretful of the entire situation. You even waited with this man until the ambulance came. Many people would have taken off at the run and left him there alone. I hope you aren't taking any of these posts seriously as it will cause you nothing but irrational and useless fear. It was probably a mistake to post this on TSR in the first, as many members like to pretend they're an expert in the field just because they have googled 'what's the law on lying to the police'. There is a lot more to the practice of law to the law in theory.

In future, if you ever get into a situation like this (which I know you won't) don't ask for advice over TSR as some people will stop at nothing to scare you. Instead, obtain legal advice. Legal advice is free of charge and completely confidential. Literally anything you tell them (even involving murder or if you committed the murder yourself) will not be passed on to any other person, whatsoever.

Reply 49

InnerTemple

20

Original post by Ahava

Instead, obtain legal advice. Legal advice is free of charge and completely confidential.

What free of charge legal advice is this?

Reply 50

anonwinner

19

Original post by Birkenhead

Saying nothing at all would have been better.

We're not in the US... Saying nothing can be used against you.

Reply 51

Birkenhead

3

Original post by anonwinner

We're not in the US... Saying nothing can be used against you.

No it can't. If you say nothing originally and then submit evidence later that can be used against you. Saying nothing on its own is often a good idea and would have saved many a convict who blabbed their way to prison.

Reply 52

Ahava

10

Original post by InnerTemple

What free of charge legal advice is this?

Any legal advice centres? Most firms will have a legal advice centre which will be free of charge. Citizens Advice also offer free, confidential legal advice. Doesn't the Co-op even offer free legal advice these days?

Reply 53

anonwinner

19

Original post by Birkenhead

No it can't. If you say nothing originally and then submit evidence later that can be used against you. Saying nothing on its own is often a good idea and would have saved many a convict who blabbed their way to prison.

https://en.wikipedia.org/wiki/Right_to_silence_in_England_and_Wales#Adverse_inferences_from_silence

Please do some basic research before spreading misinformation...

Reply 54

InnerTemple

20

Original post by Ahava

Any legal advice centres? Most firms will have a legal advice centre which will be free of charge. Citizens Advice also offer free, confidential legal advice. Doesn't the Co-op even offer free legal advice these days?

Blimey you'll be lucky to find a law clinic dishing out advice on criminal matters. I am sure there are some - but there won't be many.

Reply 55

Birkenhead

3

Original post by anonwinner

https://en.wikipedia.org/wiki/Right_to_silence_in_England_and_Wales#Adverse_inferences_from_silence

Please do some basic research before spreading misinformation...

Perhaps you need to read the link more carefully or refresh your mind as to what I originally said, which was that it would be better for her to have said nothing than to lie. In the context this would not have made her liable to any penalty. If nothing else, your Wikipedia page only refers exclusively to 'the accused', which the OP is not.

(edited 9 years ago)

Reply 56

Ahava

10

Original post by InnerTemple

Blimey you'll be lucky to find a law clinic dishing out advice on criminal matters. I am sure there are some - but there won't be many.

No, I agree. I have previously worked for a legal advice centre and majority of the callers were about cohabitation rights, financial problems, problems that have arisen from divorce. Very few were criminally related, all minor. My friend works for Citizen Advice and has found it to be exactly the same.

But yes, they do exist. I encourage the OP to at least attempt to obtain free, legal advice about any problems they may come across in the future instead of posting about it on TSR. Majority of the answers will be direct, irrelevant insults such as 'rot in jail', or just uneducated answers which would do nothing but instil fear. I would certainly never post about any legal worries, especially criminal, on a forum like this.

Reply 57

InnerTemple

20

Original post by anonwinner

https://en.wikipedia.org/wiki/Right_to_silence_in_England_and_Wales#Adverse_inferences_from_silence

Please do some basic research before spreading misinformation...

The wiki page is a little simplistic. There are seven 'areas' in which an adverse inference can be drawn from silence. These areas occur either pre-prosecution or post prosecution.

Each has their own criteria as to whether an adverse inference can be drawn.

Birkenhead wasn't wrong per se. If you say nothing during a police interview, then adverse inferences will not usually be drawn unless you try to rely on a defence later down the line. But there are other situations where silence is a bad option.

In any event - the OP was a witness. So I am not really sure of the relevance other than the fact that she shouldn't have lied.

Original post by Ahava

But yes, they do exist. I encourage the OP to at least attempt to obtain free, legal advice about any problems they may come across in the future instead of posting about it on TSR. Majority of the answers will be direct, irrelevant insults such as 'rot in jail', or just uneducated answers which would do nothing but instil fear. I would certainly never post about any legal worries, especially criminal, on a forum like this.

Well welcome to TSR - have you been here long? :tongue:

I must say that, to some extent, the criticism can go both ways. Those who are telling the OP to pack a tooth brush, head to court and be prepared to be eating porridge for the next few years are clearly jumping the gun.

On the other hand, I am not so sure on the comments about drunken fights not being prosecuted. It does happen - I wouldn't say it was rare or unheard of. There will also be a lot of cases which are NFA'd but they are generally the ones where both people are drunk, no one really knows who started what etc etc.

From what the OP has said, the police do seem to be continuing their enquiries. I'd certainly agree that she ought to seek legal advice elsewhere. if she can get it for free then that is great.

(edited 9 years ago)

Reply 58

BrainDrain

18

Original post by Anonymous

A couple of weeks ago my boyfriend and his friend were in a fight with a random guy on a night out. Me and another friend then remained with said guy until an ambulance arrived just to check him over.
When they arrived the police came too and asked us about the event and trying to protect my boyfriend we made up two different people etc and said we had no idea who they were.
Police then took my statement the next day and i repeated the scene with the idea that we had no idea who the two guys were who had been in the fight

recently had a call from the police to say they've been looking at CCTV etc so now im worried they will see we did know the people in the fight (as we were in the street talking prior to the event) and the descriptions me and my friend gave weren't accurate

I doubt this whole thing will go to court as no one was seriously injured etc but im worried what will happen to me if the police figure out i lied in my statement, does anyone have an idea?

thanks :frown:

I think it depends how much of a relationship can be seen from the CCTV, if you were seen arriving together then spending the evening in each others company maybe they might be curious and ask to check your phone. Maybe not, but it's not a nice position to be in over something your boyfriend did and I hope you have let him know how upset you have been.

Reply 59

Ahava

10

Original post by InnerTemple

Well welcome to TSR - have you been here long? :tongue:

I must say that, to some extent, the criticism can go both ways. Those who are telling the OP to pack a tooth brush, head to court and be prepared to be eating porridge for the next few years are clearly jumping the gun.

On the other hand, I am not so sure on the comments about drunken fights not being prosecuted. It does happen - I wouldn't say it was rare or unheard of. There will also be a lot of cases which are NFA'd but they are generally the ones where both people are drunk, no one really knows who started what etc etc.

From what the OP has said, the police do seem to be continuing their enquiries. I'd certainly agree that she ought to seek legal advice elsewhere. if she can get it for free then that is great.

Haha well to be fair, I've only recently started to use my account regularly and kind of shocked by the advice, or just downright insults, users give.

Of course drunken fights are prosecuted. I've seen some pretty bad ones where even weapons have been involved/serious injuries that would change the persons life forever have been caused. In my opinion, in these cases, intoxication isn't a defence to me (personally, clearly not legally) because no matter how drunk I've been, it still would not induce me to seriously injure someone. But, OP did state it was not serious. There is a good possibility it could be taken no further. Like I mentioned before, I've been threatened with a weapon in my own home yet the police decided in the end they couldn't even talk to us face to face and told us they'll try to catch him. Never did.

Lied to the police in a witness statement to protect my boyfriend..?

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