Sunday, 27 November 2016
The Law and Legal Help with #Defamation of Character
so what recourse is there for those who have been #falsely accused of committing #criminal offences? Well, #defamation is still an #option if the #allegations have been made to a third party not involved in the criminal proceedings. However, often the allegation will have only been made to the police. In some cases there may be scope for a claim for malicious prosecution. such claims are normally made against the Crown Prosecution service or the police, but they have succeeded against complainants in circumstances where it has been held that the complainant has procured the prosecution by deliberately manipulating the police/prosecuting authorities into taking a course of action they would otherwise not have taken. In addition to establishing that the defendant had procured the prosecution by effectively initiating it, the claimant will need to show that there was an acquittal, the prosecution caused damage, the defendant acted without reasonable and probable cause and that the defendant acted maliciously
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