ChatterBank0 min ago
What to do if police take no action despite obvious evidence
I sent the police a video a while ago of six people,known to them,causing wholesale destruction to our property,I also have audio records to backup the video.I suggested the obvious offences of criminal damage,affray,conspiracy to them but they (the local police) declined to see any criminality in the event so I phoned the local police station and had the benefit of two inspectors try to sell me that 'criminal damage is now a civil matter' so I asked when the statute was changed on this offence ? They then seemed keen to end the conversation which they did. I did record these two calls but still no prosecution.
So what should I do next ? Thanks.
So what should I do next ? Thanks.
Answers
Do remember the police and the CPS have to be satisfied that the evidence they have will be sufficient to successfully prosecute, it may be on balance, despite your comments, that they believe this position has not yet been reached.
Damage (loss or harm) can be a civil matter and not all forms of damage give rise to a right of action (there is no remedy in law)....
15:43 Sun 07th Oct 2012
If you get not joy with Hammerman’s suggestion – you could complain to the Independent Police Complaints Commission (IPCC).
Their complaint’s process mandates that your local police force’s complaints department investigates the complaint in the first instance. If you are not happy with the outcome of that complaint investigation, you can elevate the matter to the IPCC who will adjudicate on whether your local police force investigated your complaint correctly (with the correct conclusion(s)).
Having read your complaint (and having previously complained to the IPCC myself), I can advise that the outcome of your local police force investigation will be that they have done nothing wrong; and should you elevate it to the IPCC they in turn will conclude that your local police force did nothing wrong – based mostly on the fact that the police investigation found that the police had done nothing wrong.
The IPCC will ignore any facts you draw to their attention which conflict with the police version of events (even where you have proof).
Their complaint’s process mandates that your local police force’s complaints department investigates the complaint in the first instance. If you are not happy with the outcome of that complaint investigation, you can elevate the matter to the IPCC who will adjudicate on whether your local police force investigated your complaint correctly (with the correct conclusion(s)).
Having read your complaint (and having previously complained to the IPCC myself), I can advise that the outcome of your local police force investigation will be that they have done nothing wrong; and should you elevate it to the IPCC they in turn will conclude that your local police force did nothing wrong – based mostly on the fact that the police investigation found that the police had done nothing wrong.
The IPCC will ignore any facts you draw to their attention which conflict with the police version of events (even where you have proof).
If you know who any of these people are, you can start a private prosecution in the magistrates' court (section 6(1) of the Prosecution of Offence Act 1985 preserves this ancient right). There is the risk that the CPS, via the DPP, will intervene and take over the case only to offer a nolle prosequi (statement to have the case not proceeded with) but it might wake them up and result in action by the police. But this is all more theory than practice. Taking the route suggested above,or invoking the might of the local press or the Daily Mail or other national paper is more likely to produce a result.
Do remember the police and the CPS have to be satisfied that the evidence they have will be sufficient to successfully prosecute, it may be on balance, despite your comments, that they believe this position has not yet been reached.
Damage (loss or harm) can be a civil matter and not all forms of damage give rise to a right of action (there is no remedy in law). Criminal damage is to intentionally or recklessly destroy or damage the property of another without lawful excuse as will be known by all police officers. There will be a reason why no action is being taken and you should be informed of that reason or reasons.
Damage (loss or harm) can be a civil matter and not all forms of damage give rise to a right of action (there is no remedy in law). Criminal damage is to intentionally or recklessly destroy or damage the property of another without lawful excuse as will be known by all police officers. There will be a reason why no action is being taken and you should be informed of that reason or reasons.
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