False Criminal Accusations: Offences, Penalties and Retracti...

Introduction

Making a criminal allegation is serious. A false report can damage reputations, jeopardise employment, strain families and, in the worst cases, send an innocent person to prison. It can also be a crime in its own right. This guide explains when false criminal accusations cross the line into offending, the penalties involved, how retractions are treated, and what to do if you are affected. It applies to England and Wales.

What You'll Learn

• When a false criminal accusation becomes a criminal offence
• The difference between wasting police time and perverting the course of justice
• Elements, time limits, courts, and penalties for each offence
• How motive and the CPS public interest test affect charging decisions
• The risks and realities of making a retraction statement
• Practical steps if you are accused of making a false report or want to withdraw an allegation

Core Concepts

Offence: Wasting Police Time (s.5(2) Criminal Law Act 1967)

What it is

• The offence is “causing wasteful employment of the police” by knowingly making a false report:
  • That an offence has been committed; or
  • That there is danger to people or property; or
  • That you have information relevant to a police inquiry.
• The report can be made orally or in writing, and does not have to be made directly to the police (for example, reporting via a third party).

Key features

• Summary-only: prosecuted and tried in the Magistrates’ Court.
• Time limit: proceedings must start within six months of the date of the false report (not when it was discovered to be false).
• Consent: proceedings may be instituted only by or with the consent of the Director of Public Prosecutions (DPP).
• Penalty: up to six months’ imprisonment and/or a fine on summary conviction. There are no specific Sentencing Council guidelines; outcomes vary with culpability and harm.
• Out-of-court disposals: forces sometimes use fixed penalty notices or community resolutions for lower-level cases. A fixed penalty (often around £90) does not result in a conviction, but availability depends on local policy and circumstances.

When it is used

• Typically where harm is limited or intent is less grave, for example:
  • An early admission in a retraction statement.
  • No arrest or detention of an innocent person.
  • Minimal diversion of police resources.

Offence: Perverting the Course of Justice (common law)

What it is

• A common law offence committed where a person does a positive act (or series of acts) which has a tendency to pervert, and is intended to pervert, the course of public justice.
• Examples include:
  • Making a knowingly false criminal allegation intending the police to take it seriously.
  • Fabricating or disposing of evidence.
  • Interfering with witnesses or jurors.

Key features

• Triable only on indictment: heard in the Crown Court.
• Maximum sentence: life imprisonment. The Sentencing Council’s “Perjury and Perverting the Course of Justice” guideline sets ranges based on culpability and harm; serious cases often lead to immediate custody.
• No need for a case to reach court: a false report that triggers a police investigation and the arrest of an innocent person can be enough.

When it is used

• Reserved for serious conduct where the false report causes significant harm (for example, arrest, charge, remand, or extensive investigation) and there is clear evidence of intent.

Motive and the CPS Approach

Why motive matters

• Intent is central. Prosecutors look at why the allegation was made and whether the reporter intended the police to act on it as true.
• Common contexts for disputed reports include arguments, relationship breakdown, jealousy, anger, or miscommunication. Mental health, intoxication, and misunderstanding can also play a role.

CPS guidance in sensitive cases

• The CPS takes particular care with allegations of sexual or domestic abuse. Many retractions arise from fear, pressure, or mixed emotions, not dishonesty.
• Prosecutions for wasting police time or perverting the course of justice are brought only where there is strong evidence that the original report was false and the public interest clearly supports a charge. The risk of discouraging genuine complainants is a key consideration.

Retraction Statements: Risks and Realities

Retraction does not prove falsity

• People sometimes report incidents during heightened emotion and later wish to withdraw or clarify. That does not automatically mean the first statement was untrue.
• A retraction can be genuine, pressured, or itself untrue. Police will consider all available evidence and may proceed with the original case if they believe it is supported.

Risks if the original report was false

• If the initial allegation was knowingly untrue, a retraction can expose the reporter to criminal liability:
  • Lower-level cases may be treated as wasting police time.
  • Where someone was arrested or significant harm occurred, perverting the course of justice may be considered.

Practical points about retractions

• Do not submit a retraction without legal advice. You may incriminate yourself.
• If you want to correct details or context (rather than withdraw completely), ask about making a clarifying statement instead.
• The CPS, not the complainant, decides whether a prosecution continues.

Key Examples or Case Studies

Case study 1: Heated argument, later retraction

• What happened: During a domestic argument, A reports an assault. The next day, calmer and sober, A accepts they exaggerated the incident and wants to retract.
• Likely approach: Police assess all evidence (injuries, messages, 999 call). If the original account was broadly accurate but overstated, they may proceed on the true facts. If exaggeration caused minimal harm and A admits it, the matter might end with words of advice or, in limited cases, consideration of wasting police time. Legal advice for A is essential before any retraction.

Case study 2: False workplace theft allegation leading to arrest

• What happened: B accuses a colleague of theft out of spite. CCTV proves the colleague was elsewhere; the colleague had been arrested and interviewed.
• Likely approach: Clear intent and significant harm (arrest of an innocent person). This is the type of case that can be charged as perverting the course of justice. Courts treat it seriously; custody is common.

Case study 3: Anonymous hoax leading to police deployment

• What happened: An anonymous report claims a weapon is present at an address. Officers are deployed; no threat is found.
• Likely approach: If the caller is identified and the report was knowingly false, this may be charged as wasting police time. Depending on harm and local policy, an out-of-court disposal could be considered, but court prosecution is also possible.

Practical Applications

If you are accused of making a false report

• Get a solicitor immediately. Do not give a written or recorded account without legal advice.
• Preserve relevant material: messages, call logs, emails, location data, and any notes made at the time.
• Avoid contacting the person you reported about the case. Contact could be misinterpreted as pressure.
• Consider mitigation: mental health issues, intoxication at the time, genuine misunderstanding, or prompt admission may affect outcome.
• Ask your solicitor about the suitability of an out-of-court disposal in lower-level cases.

If you made a report and now want to retract or clarify

• Seek legal advice before speaking to police again.
• Be clear whether you:
  • Want to withdraw support for a prosecution (but maintain your account is true), or
  • Need to correct inaccuracies, or
  • Accept the original report was untrue.
• Understand the risks. A false retraction can be treated as an attempt to pervert the course of justice.
• Ask the officer in the case how your retraction or clarification will be recorded and shared with the CPS.
• If safety is a concern (for example, domestic abuse), tell the police. They can signpost support and consider special measures.

If you have been falsely accused by someone else

• Obtain legal advice promptly.
• Provide your solicitor and the police with exculpatory material: alibi evidence, CCTV, digital data, witness details.
• Avoid direct confrontation with the accuser about the allegation.
• Discuss with your solicitor whether a complaint about a malicious allegation is appropriate once your own position is secure.

For organisations and professionals

• Train staff on incident reporting to reduce exaggerated or inaccurate reports made in the heat of the moment.
• Keep clear records of who made a report, when, and what was said.
• Signpost employees to legal and wellbeing support where appropriate.

Note: This guide is for general information and does not replace legal advice on your specific circumstances.

Summary Checklist

• Know the two main offences:
  • Wasting police time: summary-only, six-month limit, DPP consent, up to six months’ custody and/or fine.
  • Perverting the course of justice: indictable-only, maximum life sentence, used for serious harm with clear intent.
• Intent matters. Prosecutors look closely at motive and whether the report was meant to be taken as true.
• Retractions are sensitive. Do not retract without legal advice; correcting an honest mistake is different from admitting a lie.
• In sexual and domestic abuse contexts, the CPS applies additional care. Prosecutions for false reporting are brought only where the evidence is strong and the public interest is clear.
• Keep evidence: messages, recordings, and notes can clarify what happened and why.
• Consider whether an out-of-court disposal is possible in lower-harm, admitted cases.

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