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

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    (Original post by Lady Comstock)
    This is irresponsible advice.

    Just look at: http://www.cps.gov.uk/legal/s_to_u/s...se_of_justice/

    People found out "lying", i.e. concealing evidence, have been sentenced to several years inside
    That completely depends on the severity of the incident. This really isn't a particularly serious case...
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    (Original post by Chlorophile)
    That completely depends on the severity of the incident. This really isn't a particularly serious case...
    What are you talking about? Many of the cases on the CPS website involve minor motoring offences.
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    (Original post by Lady Comstock)
    What are you talking about? Many of the cases on the CPS website involve minor motoring offences.
    Do you genuinely think the OP could be serving prison time for this?
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    (Original post by Ahava)
    I've also worked twice for the CPS. They really don't have the time, money, or room in prisons to send someone down for lying about their boyfriend being in a drunken (probably not serious) fight. Assaults aren't prosecuted and neither are most ABH's. Unless this guy had bones broken, organs punctured, had his face seriously deconstructed, literally nothing will happen to her.
    Well, I disagree with that analysis. I have seen a lot more minor assaults being heard in the Magistrates' Court. The CPS won't refrain from charging on the basis of what you have described, so whatever was going at your office was clearly untoward.
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    (Original post by Chlorophile)
    Do you genuinely think the OP could be serving prison time for this?
    If caught out - yes.
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    (Original post by Lady Comstock)
    If caught out - yes.
    If that's true, that's pretty depressing.
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    (Original post by Chlorophile)
    If that's true, that's pretty depressing.
    Just going by the sentencing guidelines. A community order or fine would be more proportionate in reality.
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    (Original post by Ahava)
    I said she shouldn't lie to the authorities in the future, not me.
    No. Your post advised her to lie to the police if interviewed again (in its fourth and fifth sentences). Then you said you wouldn't advise her to lie (which you had just done).
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    You should have just said nothing/ you didn't see.

    5 years of hard labour will teach you a lesson lol. In all seriousness, it depends if you're lucky or not. You might get done for lying or you might not.
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    (Original post by Lady Comstock)
    Well, I disagree with that analysis. I have seen a lot more minor assaults being heard in the Magistrates' Court. The CPS won't refrain from charging on the basis of what you have described, so whatever was going at your office was clearly untoward.
    I think the CPS would also disagree with you. I have seen assaults being heard in magistrates, with the maximum sentence of community service and a fine. Not exactly a prison sentence.

    The CPS would very certainly refrain from charging someone for lying about their partner being involved in a drunken, non-serious scuffle. This happens hundreds of times every single weekend in this country, yet the majority are not prosecuted. You are literally going off what the law states and what the CPS state on their website. But anyone knowledgeable about the law and how it works in practice, realistically, would know that the law can never be always applied to every single case. Our courts are already full to bursting, we simply do not have the room to bring someone in for lying about knowing someone involved in a minor assault. Using a courtroom for just one mere hour costs the taxpayer a shocking amount of thousands of pounds. Cases have to picked based on seriousness due to not having the money to put people on trial for lying about knowing someone involved in a minor assault. CPS's offices are already understaffed and have too many cases for them to review and too many to handle. They won't sit there and read and follow up on a case of a girl who said she didn't know someone who was involved in a minor assault, when it was actually here boyfriend (which happens hundreds of times a week) when they have about 20 thick case files to read about rape, GBH, or murder.

    Yes, the law states many things. But we also have to be realistic, fair, reasonable, and deal with the resources we have. Above all, this girl does sound like a decent person. She made a mistake. She clearly regrets this by posting this in the first place. I think it's unfair how you're trying to instil fear into her when IF she gets found out, which she won't, the most what will happen to her will be a very stern talking to.
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    (Original post by Good bloke)
    No. Your post advised her to lie to the police if interviewed again (in its fourth and fifth sentences). Then you said you wouldn't advise her to lie (which you had just done).
    Okay, I'll clarify. IF the police was to ask her again what happened (it wouldn't be counted as an interview by the way), which they won't, she could say she was intoxicated herself, was unsure what was happening and met these guys on earlier in the night. Or, she could tell the truth. However, this really does not matter at all as the police would probably take this case no further and leave it as it stands.

    If she was to ever get involved in a completely separate case in the future, I advise her to be truthful at first instance. It makes things a lot easier, and a lot clearer, for all parties involved.
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    Best case: nothing happens.

    Worst case: goes to court and you get found out for lying. You may be prosecuted for giving a false statement and wasting police time. if it goes to court, fess up and tell the truth or things will get a lot worse.

    Likely case: police decide to drop any charges but may (on the very slim off-chance) visit you and give you a verbal warning which is then recorded on police files. Any further run ins with the police will make them highly suspicious of you telling the truth.

    If the police wish to record a statement, lying to them and getting found out may prejudice any job application requiring disclosure and certain visa entry requirements to countries like the USA, Australia etc.
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    A quick search on Google news for "perverting the course of justice" gives (amongst many, many others):

    Lied to Police about someone else's speeding offence - 16 months.

    Maxine Carr provided a false alibi for Ian Huntley - 3 years.

    Lying about who was driving the car when speeding - 200 hours community service and a share in a £1,500 fine.

    Taking the blame for someone else speeding - 12 weeks.

    Another taking the blame for speeding - 4 months imprisonment suspended for a year, 200 hours community order and £750 costs.

    Claiming to be someone else with car insurance - 8 month suspended prison sentence, 8 sessions of a probation service women's group, 6 month supervision order, 8 penalty points, £100 victims' surcharge.

    Confessing to causing an accident someone else did - 3 months detention suspended for a year, 120 hours community work.

    Saying your car was stolen when your partner had an accident in it - 6 months.


    I think you are in deep poo.

    But I feel sorry for the poor bugger who had to be taken away in an ambulance, who had two witnesses, who have lied.
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    Stupid thing to lie to the police.

    You'll get in trouble I imagine if they realise.
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    (Original post by Ahava)
    However, this really does not matter at all as the police would probably take this case no further and leave it as it stands.
    You use the word "probably" rather too much, which indicates how much your advice is speculative and guesswork. I would take my liberty a trifle more seriously than that if I were the OP.

    If the police wish to talk to her again it seems likely it will be to clarify her written statement, and to challenge her with CCTV footage of her clearly knowing who the attacker is. Whether she lies again is likely to have a very large influence on whether the matter is taken any further. To do so would compound her original offence. This will be her one chance to come clean and maybe escape justice; she should not ignore it.

    She may well have to identify her boyfriend in order to escape prosecution for what the courts will most likely see as a more serious crime than any her boyfriend may have committed.

    Advising her to lie again (as you have done) is breathtakingly bad advice.

    Surely people have learned lessons from what happened, very famously, to Chris Huehne who lied over something as trivial as a minor motoring offence and ended up in gaol, along with his wife? He went to gaol when the original offence meant a small fine and points on his licence.
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    (Original post by Simes)
    A quick search on Google news for "perverting the course of justice" gives (amongst many, many others):

    Lied to Police about someone else's speeding offence - 16 months.

    Maxine Carr provided a false alibi for Ian Huntley - 3 years.

    Lying about who was driving the car when speeding - 200 hours community service and a share in a £1,500 fine.

    Taking the blame for someone else speeding - 12 weeks.

    Another taking the blame for speeding - 4 months imprisonment suspended for a year, 200 hours community order and £750 costs.

    Claiming to be someone else with car insurance - 8 month suspended prison sentence, 8 sessions of a probation service women's group, 6 month supervision order, 8 penalty points, £100 victims' surcharge.

    Confessing to causing an accident someone else did - 3 months detention suspended for a year, 120 hours community work.

    Saying your car was stolen when your partner had an accident in it - 6 months.


    I think you are in deep poo.

    But I feel sorry for the poor bugger who had to be taken away in an ambulance, who had two witnesses, who have lied.
    I don't think OP would get jail time even if prosecuted. The cases you've referred to that resulted in custody are either covering for a serious offence, or involve a high profile figure (eg judge).

    In OP's case the victim was checked over by an ambulance rather than taken away.
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    Lets hope you do get caught and the appropriate sentence handed down, i'll be hoping thats jail time.
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    (Original post by Good bloke)
    You use the word "probably" rather too much, which indicates how much your advice is speculative and guesswork. I would take my liberty a trifle more seriously than that if I were the OP.

    If the police wish to talk to her again it seems likely it will be to clarify her written statement, and to challenge her with CCTV footage of her clearly knowing who the attacker is. Whether she lies again is likely to have a very large influence on whether the matter is taken any further. To do so would compound her original offence. This will be her one chance to come clean and maybe escape justice; she should not ignore it.

    She may well have to identify her boyfriend in order to escape prosecution for what the courts will most likely see as a more serious crime than any her boyfriend may have committed.

    Advising her to lie again (as you have done) is breathtakingly bad advice.

    Surely people have learned lessons from what happened, very famously, to Chris Huehne who lied over something as trivial as a minor motoring offence and ended up in gaol, along with his wife? He went to gaol when the original offence meant a small fine and points on his licence.
    I was advised right from first studying law to use such as 'probably'. You should never advise anyone with words such as 'definitely' as how do you really know what's going to happen. But looking at facts and statistics, probably she will never hear from the police again. Do you honestly think the police have time to chase up a minor, drunken scuffle along with the other 100 that happen every single weekend? Be realistic. I'm not speculative or making guesswork, I'm currently in my fifth year of studying specifically criminal law.

    Her boyfriend will not be taken to court for this, as she hasn't described it as anything serious, nor will she. Do not be ridiculous. 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?

    Not to mention, personally, I was attacked last year and threatened with a knife when someone broke into my home. I called the police afterwards. Waited two hours and then received a phone call which the police said they'll look out for the man who matched the description, they doubt they'll find him, they don't have time to come and speak with me directly as they had 'more important things to do', they are sorry and I should make sure to secure my house properly. That shook me up for months on end and had quite a big impact on me. I doubt even any weapons was used in this drunken scuffle, yet one was used in threat against me and the police could not do anything about it.

    Ah yes, the case of Chris Huhne the famous politician, which the case was heavily criticised due to him being a famous politician and being brung to the court just to make a point that politicians are also prosecuted sometimes.
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    (Original post by Ahava)
    .
    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.
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    (Original post by Good bloke)
    Is it acceptable practice for lawyers to advise their clients to lie to the police?
    :confused: I thought that was what lawyers were for?
 
 
 
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