http://www.pm.gov.uk:80/output/Page13805.asp
Abuseofpower - epetition reply21 November 2007
We received a petition asking:
"We the undersigned petition the Prime Minister to introduce a system whereby victims of false allegations can take effective legal action against abuses of power by those in authority, designed to 'maximise the chances of' achieving targets (even if the outcome is flawed), before too much damage has been done."
Details of Petition:
"In too many cases, those acting on behalf of 'authority' abuse their position of trust and / or power by bending, stretching or breaking laws, codes of conduct, and guidelines designed to protect the innocent from oppression. In the worst instances, this amounts to 'The State' perverting the course of justice resulting in an innocent person being convicted, or children removed from loving parents when there was no genuine risk to them. There seems to be little that can be done to take effective legal action in these instances before damage has been done to the victim, to their family, and to the credibility of the British legal system. Arguing that action can't be taken 'whilst a case is in progress' (as often happens) is nonsensical as it is saying, in effect, that the system won't allow injustice to be stopped ... until it has succeeded! What this effectively amounts to is a blind refusal even to consider shutting the stable door until after the horse has not only bolted, but been flattened under a juggernaut out on the road. The Government complacency about this type of oppression needs to be addressed, and the situation corrected."
Read the petition
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Read the Government's responseAnyone accused of a criminal offence can already challenge that accusation. They can do this during the trial. The law provides ample safeguards for people tried for criminal offences. They include Article 6 of the European Convention on Human Rights, which provides that everybody charged with a criminal offence has the right to a fair trial before an independent and impartial tribunal. There is also a right of appeal against conviction to a higher court. Once the appeals process has been exhausted they can apply to the Criminal Cases Review Commission to have their cases re-opened.
It would not make sense to introduce a new right to challenge accusations separate from but at the same time as the existing legal process - the result might be two parallel trials going on at once, one trying someone for something they were alleged to have done, and the other trying the alleger for making a false allegation. Both trials would be looking at fundamentally the same evidence, to see if the allegation was true or not, and it would both complicate the system and waste time and resources. The full facts are unlikely to emerge until the conclusion of the original trial. Also the same people would be involved in both trials. It makes more sense to have one trial to try to establish the truth of what happened. After this, if someone turns out to have made false allegations, action can be taken against them.
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