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The Vexatious Allegation

False reports to the police are rare. Most complaints are truthful and accurate and amount to a proper grievance. However, there are some that are either false or wild exaggerations of the truth. There are yet more that may well be true but amount only to such a trivial complaint that a reasonable person would not think it worthy of the attention of the authorities. The subject of such reporting has hitherto had limited redress in law. Unless the Crown were wiling to prosecute the accuser the chances of retribution were small. The case of Waxman has brought to notice an area of civil redress.

There is a public interest in the prosecution of all crime. We must encourage genuine reporting and be slow to prosecute a person who has made even a misconceived complaint. It may contrary to public interest to act against an accuser who made a report in good faith. Public interest must, however, be balanced against an individual’s right to be protected from repeated arrests and other instances of state intervention in his life. Also, the scarce resources of the criminal justice system must be used more wisely than pursuing the allegations of an unreasonable person.

There are offences in making a false allegation. It is always open to the Crown to prosecute for perverting the course of justice. That does involve a very high evidential test. Proving that an allegation is false is a different exercise to showing that it was disbelieved. In addition, prosecutions for perverting the course of justice may deter reporting from genuine victims or prevent a person who has lied admitting they have done so. A fixed penalty fine for wasting police time may be a more acceptable option. It offers both a lower threshold for the Crown to reach and a reduced penalty for the false witness. The threat of a fine for wasting police time is less likely to deter a person from admitting the truth than a potential custodial sentence for perverting the course of justice. However, these actions are police lead. The victim of a campaign of vexatious allegations could bring a private prosecution for offences against public justice but he must meet the evidential standard and bear the risk of adverse costs. A private prosecution for wasting police time would require the consent of the DPP which may be refused for the public interest reasons already rehearsed.

Many of these allegations are not false but are only petty grievances. A person who falls victim to such allegations should consider suing in the civil courts for harassment. The Protection from Harassment Act 1997 sets down that conduct is harassment if 'a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other'. A reasonable person would surely think that making repeated trivial allegations about another amounted to harassment. Contact can be either direct or indirect. Reports to the police or the local council lead to investigations. However sensitively they are performed such contact is unwelcome to most people. If these reports are vexatious that amounts to indirect contact. This action is not limited to reports to the police or the local authority. Complaints to an employer or a private organisation, such as a sports club, could be included.

The case of Waxman may be used to support a claim at the civil courts. This case involved long standing harassment of Ms. Waxman by Mr. Fogel. Mr. Fogel was the subject of a restraining order. He brought civil proceedings against Ms. Waxman. CPS did not prosecute on the basis that the order did not prohibit bringing civil proceedings. Ms. Waxman brought a case against CPS seeking damages. The Court decided that the commencement and service of civil proceedings was a form of conduct that might well cause anxiety, alarm and distress and so were capable of amounting to harassment. Mr. Fogel was using the Courts to harass Ms. Waxman. There are those who use the police and the councils in a similar way.

A civil action should be preferred to a complaint to the police. Although costs are a consideration at the civil courts the standard of proof is lower. Both compensation and an injunction order can be sought. It is unrealistic to seek an injunction order which prevents a person ever raising complaint to the authorities. Even an incredible witness may be a genuine victim in the future. One possible compromise is an order that prevents the harasser from calling the authorities save for a genuine emergency. That may not address the situation fully since, in many cases, the problem lies in the fact that the person concerned lacks the judgement to see the difference between a genuine emergency and mild annoyance. However, the mere ruling would be useful. It would undermine the credibility of the accuser permanently. A copy could be sent to the local constabulary or the council with a request that this be considered before further investigations are commenced. If that were disregarded a complaint to the IPCC may be justified.

This would not be appropriate in every case. A large number of reports from one source may evidence a genuine concern and such reporting must be encouraged. Nevertheless there are instances where extensive reporting has a more sinister motivation and we must offer some protection to its victim. It is a fundamental right of every citizen of the UK to complain to the police or other authority but it not an absolute right. The right to make reports is capable of restriction in circumstances where it is necessary to protect a legitimate objective.

Jo Morris

Church Court Chambers

www.churchcourtchambers.co.uk

The Vexatious Allegation

Jo Morris

South-West

Avon and Somerset Constabulary Lead Chaplain: Revd Andy Paget
andy.paget@ymail.com
Bristol, Avon

Phone: 0117 935 2330
Mobile: 07919 401777
, , Please note Sarah's working days are Mon, Tues & Weds

Phone:
Mobile: 07720 341614
Devon & Cornwall Constabulary Co-Lead Chaplain: Revd Jonathon Ross-McNairn
Jonathon.ROSS-MCNAIRN@devonandcornwall.pnn.police.uk
Please note Jonathon's working days are Wed, Thurs & Fri

Mobile: 07920489207
Bournemouth, Dorset

Phone: 01202 519735
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Quedgeley, Gloucester

Phone: 01452 726920
Dorset

London

National

https://www.norriewaite.co.uk/perverting-course-justice.html

Suffolk

South-East

Paul Hurt paulhurt100@gmail.com

Wed, 8 Sept 2021, 10:30

to lu.skerrat

Dear Lu Skerrat Love,

This is a copy of an email I've sent to St Marks Church. As you'll see, it mentions you. The email:

I write in connection with this post on the St Marks Website:

'SHEFFIELD FOREST CHURCH – SATURDAY 11 SEPTEMBER AT 2.30PM

After a summer break, we’re back! Join us for Forest Church on the theme of Creation at the Garden Church in Walkley (Walkley Community Garden, Morley Street S6 2PL) for time to be and worship in God’s creation. Bring a drink and a snack for after the service! Our services are intentionally all age and LGBTQ+ affirming, so whatever stage of life or journey you’re on – you’re so very welcome! For more information, you can find us on facebook or email sheffield.forest.church@gmail.com

My Website www.linkagenet.com has a very extensive page on Christian religion www.linkagenet.com/themes/christian-religion.htm with the emphasis on the Church of England. I'm now working on a new section for the page, on The Church of England in Sheffield. There's already a brief profile of the Bishop of Sheffield, which will need to be revised and extended. The new section will begin with a discussion of the views of Lu Skerrat-Love, including her promotion of Forest Churches, and with material on St Marks but will include comments on other people and other Churches in Sheffield and will include the Church Army - Lu Skerrat-Love is a researcher with the Church Army.

My site has very high Google rankings for a wide range of search terms. Some recent examples:

ethical depth 2 / 212,000,000

religion redemption remembrance 5 / 4, 480,000

aphorisms religion ideology 4 / 1,690,000

gardening composting water collecting 1 / 37,000,000

I have two allotments on the Morley Street site in Sheffield. I was dismayed to find that the Forest Church is planning to hold this event at Morley Street this Saturday.

The plan is disastrously misguided, surely. These are some objections:

The place where it is planned to hold the event is rented land. These are Sheffield Council allotments and as such, are subject to allotment law. The allotments are rented by Lower Walkley Community Group (LWCG). The group's decision to give permission for the Forest Church to hold the event was very misguided but I have evidence to show that throughout, the use of the land by LWCG has been incompetent.

Lu Skerrat-Love is seemingly unaware of the legislation applicable to allotments which is intended to protect the safety of the public and the issue of legal liability. Allotments do have hazards, and in the event of injury to a member of the public attending the event at the 'Forest Garden,' there could easily be severe legal consequences.

According to information I've received, a fundamental disagreement concerning access to the Community Garden precipitated dissension within the group, leading to members going their separate ways and the neglect of the garden, which lasted for many years until this year, when some work has been done, although hardly any of it to do with the growing of food plants. There was a short period when access to the garden was restricted, by a locked gate, but for most of the time, anyone who wanted to enter the garden was able to. A very striking , and very off-putting feature of the garden is the very large heap of rubbish, very long as well as high - discarded plastic, rubbish of many, many kinds, with further rubbish in some Council Wheelie bins. If it's assumed that this was all left by fly tippers, it can't be the only explanation. Amongst the discarded plastic containers are ones which once held organic seaweed fertilizer. I think these must have been left by the Group itself. Amongst the obvious objections to the pile is the threat to wildlife: small creatures may well find their way into something in the pile and not find a way out, or perhaps injured by sharp objects in the pile. Lu Skerrit-Love describes herself as an 'ecofeminist.' She should not be giving implicit support to an organization which seems to show such a casual disregard for plastic waste and the welfare of wildlife. LWCG should have done something about the problem a long time ago. I'd say that leaving the plot open was asking for trouble. It's an obvious disadvantage if a 'community garden' is locked for most of the time but leaving this particular garden open has had severe disadvantages.

I've been informed that youths have sometimes gathered in the LWCG garden and been involved in solvent abuse. I can't verify this but an open garden obviously carries security risks. The LWCG garden is some distance from the road, down the long and gloomy heavily path by the side of the Walkley Bank Allotment Association hut. The garden itself is shielded from view. It may not be likely that the church members would meet trouble but if they ever did, this isn't the kind of place where it would be easy to get help quickly. I don't think this is being too alarmist. About thirty years ago, there was a murder on an allotment site in the Rivelin Valley. Three youths were sniffing glue in the allotment. Two of them turned on the third and stabbed him with a garden tool. In the time I've had my allotments, there have been some troubling incidents affecting allotment holders, including threatening behaviour directed at them. The Forest Church has ignored the serious problems to do with security.

A Christian event at an allotment site would set a very troublesome precedent. Allotments are primarily places for growing food but they have other uses. From the introduction to 'Jane Grigson's Vegetable Book:'

'In my most optimistic moments, I see every town ringed again with small gardens, nurseries, allotments, greenhouses, orchards, as it was in the past, an assertion of delight and human scale.'

Allotments should not be places for Christian evangelism or Christian worship. Christians have many other venues available for that. There is no need to use allotments at all. Allotments are not the place for the singing of hymns for preaching or for public prayer. Public prayer is a more likely activity than singing or preaching, I would think. If this event were to go ahead, what is to stop other religions from using allotments as open air Mosques, synagogues and temples?

I hope that this conveys some of my reasons for disagreement. I'll be sending a copy of this email to various Churches, Christian individuals and Christian organizations in Sheffield.

In my experience, Christians aren't in the least willing to enter into discussion and debate with people who hold opposing views. I doubt very much if many - or perhaps any - Christians in Sheffield will dare to address anti-Christian arguments and evidence. Any Christian who cares to email me can be assured that I have a strict policy on emails sent to me. They are treated as private and won't be released into the public domain without the permission of the sender. I'm completely willing to have my views challenged in the private or the public domain, with, of course, the right to respond.

Lu Skerrat-Love has prominence in this email but I wouldn't wish to give undue prominence to her on my page on Christian religion. The illusions which she has, as I see it, are absolutely commonplace.

Best Wishes,

Paul Hurt

South-West

London

National

South-East

Paul Hurt <paulhurt100@gmail.com>

Paul Hurt paulhurt100@gmail.com