What Should I Do If I’m Accused of a Crime I Didn’t Commit in the UK?

(A Legal Guide for Those Facing False Allegations)

By Natalie Popova, Legal Consultant | Express Law Solutions

Disclaimer: This article is for general information only and does not constitute legal advice. For specific guidance, contact Express Law Solutions.

Introduction

Being accused of a crime you didn’t commit is one of the most distressing and life-changing experiences a person can face.

False accusations can destroy reputations, careers, and relationships and can cause enormous emotional and financial strain.

Whether the accusation comes from a misunderstanding, mistaken identity, or a deliberate lie, it’s crucial to respond calmly, strategically, and legally.

In the UK, everyone is protected by the principle of “innocent until proven guilty”, a cornerstone of both English common law and Article 6 of the European Convention on Human Rights (ECHR), incorporated into UK law by the Human Rights Act 1998.

This article explains your legal rights, the steps you should take immediately, and the laws that protect you when facing false or wrongful criminal allegations.

Stay Calm and Do Not Engage Without Legal Advice

If you’re contacted by the police or accused of a crime, your first instinct may be to defend yourself or explain the situation.

Do not do this without legal advice.

Anything you say, even informally can be used as evidence.

Instead, politely state:

“I will not comment or answer questions until I’ve spoken to my solicitor.”

This is your legal right under the Police and Criminal Evidence Act 1984 (PACE).

PACE governs how police can conduct interviews, arrests, and investigations.

Under Code C of PACE, you have the right to free legal representation at the police station.

Understand the Process – What Happens After an Accusation

If you’re accused of a criminal offence in England or Wales, there are usually several stages:

Allegation or complaint – someone reports a suspected crime.
Investigation – the police gather evidence and may contact or interview you.
Arrest or voluntary interview – if police have reasonable suspicion, they can arrest you or invite you for questioning.
Charging decision – the Crown Prosecution Service (CPS) decides whether to charge you, based on the evidence and the public interest test.

If charged, you’ll either be released on bail or held in custody until your first court appearance.

Know Your Legal Rights When Arrested or Interviewed

Under PACE 1984, you have several key rights when arrested or interviewed:

The right to remain silent (you don’t have to answer questions).
The right to free legal advice (duty solicitor).
The right to have someone informed of your arrest.
The right to see the Codes of Practice, which regulate police conduct.

Your solicitor will advise whether you should answer questions, give a prepared statement, or remain silent.

Exercising your right to silence cannot be used as evidence of guilt (R v Argent [1997] 2 Cr App R 27).

Gather and Preserve Evidence

If you’re falsely accused, evidence can make or break your case.

Immediately:

Save all messages, emails, social media posts, CCTV footage, or anything that proves your version of events.
Note dates, times, locations, and witnesses who can support your account.
Do not delete anything, even if you think it looks irrelevant — deleting data can be seen as interfering with evidence.

Under the Criminal Procedure and Investigations Act 1996 (CPIA), both the prosecution and defence have a duty to disclose evidence that might assist or undermine either side.

Keeping your own records helps your solicitor build a strong defence early.

The Role of Your Solicitor and Defence Team

A criminal defence solicitor is your first line of protection.

They will:

Attend the police interview with you;
Request disclosure of evidence;
Identify inconsistencies in the accuser’s statement;
Challenge unlawful police behaviour or procedural errors;
Prepare your defence strategy if charges are brought.

Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, you may qualify for legal aid to cover your defence costs, depending on your financial circumstances and the seriousness of the case.

False Allegations and Malicious Reports

Unfortunately, some accusations are deliberately false motivated by revenge, custody disputes, or personal conflict.

Filing a false report to the police is itself a criminal offence under Section 5(2) of the Criminal Law Act 1967 and may also amount to perverting the course of justice, a serious offence carrying up to life imprisonment.

If it’s proven that someone knowingly made a false statement, your solicitor can push for a counter-investigation or civil claim for defamation.

What the Prosecution Must Prove

Remember, the burden of proof is on the prosecution, not on you.

They must prove your guilt “beyond reasonable doubt”.

You are not required to prove your innocence.

This principle is enshrined in common law and Article 6(2) of the Human Rights Act 1998, which states:

“Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.”

Any conviction must be supported by credible, admissible evidence — not assumptions or speculation.

When Can a Case Be Dismissed or Dropped?

Cases can be discontinued at several stages if:

There is insufficient evidence (CPS test not met);
The complainant withdraws their allegation;
Evidence obtained was unlawfully gathered (breach of PACE);
The defence successfully argues no case to answer at court.

Your solicitor can make an application to dismiss the case under Criminal Procedure Rules (Part 3 and 10) or request a “no further action” (NFA) decision from the police.

If You Are Charged – What Happens Next

If you are formally charged:

You will receive a charge sheet and appear before a Magistrates’ Court for the first hearing.
Minor offences are usually handled there; serious offences (like assault, fraud, or sexual offences) go to the Crown Court.

At this stage, you should not plead guilty unless advised by your solicitor.

A strong legal defence can still lead to acquittal or case dismissal.

After a False Allegation – Clearing Your Name

If your case is dropped or you’re found not guilty, you can still suffer reputational damage.

You may have grounds to:

File a civil claim for defamation if the accusation was public;
Request the police to remove your DNA, fingerprints, and records under the Data Protection Act 2018 and Police Act 1997;
Seek compensation for malicious prosecution or wrongful arrest, if applicable.

A solicitor specialising in civil rights or defamation can advise on these remedies.

Key UK Laws That Protect the Innocent

Here are the primary statutes and legal principles relevant to false criminal allegations:

Law / Principle	Protection Provided
Human Rights Act 1998 (Article 6)	Right to a fair trial and presumption of innocence
Police and Criminal Evidence Act 1984 (PACE)	Rules for lawful arrest, questioning, and detention
Criminal Procedure and Investigations Act 1996 (CPIA)	Disclosure of evidence and fairness in prosecution
Criminal Law Act 1967, s.5(2)	Offence of making false statements to police
Perverting the Course of Justice (Common Law)	Criminal offence for knowingly giving false evidence
Defamation Act 2013	Protects against false and damaging public statements
Data Protection Act 2018	Allows removal of records after acquittal
Equality Act 2010	Prohibits discriminatory or retaliatory false reporting
Legal Aid, Sentencing and Punishment of Offenders Act 2012	Legal aid for criminal defence

Common Mistakes to Avoid

Talking to police without a lawyer present.
Contacting the accuser this can be seen as harassment or intimidation.
Discussing the case on social media.
Destroying or deleting evidence.
Assuming innocence means no action is needed.

Practical Steps Summary

Do not panic or engage emotionally.
Instruct a solicitor immediately (you are entitled to free legal advice).
Exercise your right to silence under PACE.
Collect and preserve evidence.
Avoid contact with the complainant.
Follow legal advice carefully never act impulsively.

Conclusion

Being falsely accused of a crime is terrifying but remember: the law protects the innocent.

The UK justice system, despite its flaws, is built on fairness, procedure, and evidence.

With the right legal representation, calm communication, and strategic evidence gathering, false accusations can be challenged and defeated.

If you ever face such a situation, seek immediate legal advice from a qualified criminal defence solicitor.

Never face an accusation alone and never forget: innocent until proven guilty is more than a phrase; it’s your legal right.

Key Legal References

Human Rights Act 1998 (Article 6)
Police and Criminal Evidence Act 1984 (PACE), Codes C & D
Criminal Law Act 1967, Section 5(2)
Criminal Procedure and Investigations Act 1996
Defamation Act 2013
Data Protection Act 2018
Equality Act 2010
Legal Aid, Sentencing and Punishment of Offenders Act 2012

Frequently Asked Questions (FAQ): What to Do If You’re Falsely Accused of a Crime in the UK

Can I be arrested without evidence?

Yes – but only if the police have reasonable suspicion that you were involved in an offence.

Under Section 24 of the Police and Criminal Evidence Act 1984 (PACE), police can arrest you to allow for proper investigation or to prevent harm or interference with witnesses.

However, suspicion alone is not proof. You cannot be charged without sufficient evidence to satisfy the Crown Prosecution Service (CPS) charging test:

There must be a realistic prospect of conviction; and
Prosecution must be in the public interest.

If there’s no evidence, your case should be marked as “no further action” (NFA).

What should I say if the police want to interview me?

Always request a solicitor before answering any questions.

You have the right to free legal advice at the police station under PACE Code C.

If you’re innocent, it’s tempting to explain but your words can be misinterpreted or taken out of context.

Say calmly:

“I will not answer any questions until I have spoken to my solicitor.”

Your solicitor will decide whether you should answer questions, give a written statement, or remain silent.

Can I refuse to answer police questions?

Yes. You have the right to remain silent, protected under PACE and the Human Rights Act 1998 (Article 6).

In some cases, the court may draw limited inferences if you later rely on something you could have said earlier, but your silence cannot be treated as evidence of guilt (R v Argent [1997]).

Always act on your solicitor’s advice before speaking.

What happens if I’m charged with a crime I didn’t commit?

If charged, you’ll be given a charge sheet and required to appear in court.

Do not plead guilty just to “get it over with.”

Your solicitor will review the evidence, challenge inconsistencies, and can apply for case dismissal under the Criminal Procedure Rules (Part 3) if the prosecution case is weak or flawed.

If you’re found not guilty, your record can be cleared, and you may have grounds for compensation.

How can I prove that I am innocent?

The burden of proof lies with the prosecution, not you.

They must prove guilt beyond reasonable doubt.

Still, you should:

Keep all possible evidence like texts, CCTV, emails, receipts, or witness details.
Avoid deleting anything that supports your version.
Share it with your solicitor to strengthen your defence.

Under the Criminal Procedure and Investigations Act 1996 (CPIA), both sides must disclose evidence that could help or harm their case.

What if someone lied to the police about me?

Making a false statement to the police is a criminal offence under Section 5(2) of the Criminal Law Act 1967.

If it’s proven that someone intentionally lied or fabricated evidence, they could be charged with perverting the course of justice, which can carry a life sentence.

Your solicitor can request a counter-investigation or file a formal complaint.

Can I sue for false accusations?

Yes – depending on the situation.

You can consider a civil claim for defamation under the Defamation Act 2013, or a claim for malicious prosecution if the case was pursued without reasonable grounds.

If your reputation or livelihood has been harmed, compensation may be possible — but these are complex cases that require specialist legal advice.

Will a false accusation stay on my record?

If you were arrested but not charged, or if the case was dropped, you can request deletion of your data including fingerprints, DNA, and photographs under the Data Protection Act 2018 and Police Act 1997.

You can submit a “Record Deletion Request” to your local police force.

If you were acquitted, you can also request the removal of police intelligence records to protect your reputation.

Can the accuser be punished for false allegations?

Yes. If the accuser knowingly lied or fabricated evidence, they may be charged with:

Perverting the course of justice (a common law offence);
Wasting police time under Section 5(2) of the Criminal Law Act 1967; or
Perjury, if false statements were made under oath (Perjury Act 1911).

Penalties range from fines to imprisonment, depending on the severity.

What if I lose my job because of a false allegation?

If dismissed or suspended because of unproven allegations, you may have claims for:

Unfair dismissal under the Employment Rights Act 1996;
Defamation or reputational damage; or
Discrimination under the Equality Act 2010 (if the treatment was biased).

Your solicitor can file a grievance or Employment Tribunal claim, but act quickly the deadline is 3 months less one day.

Can I talk about my case on social media?

Absolutely not.

Discussing your case publicly can harm your defence, breach confidentiality, or even be considered contempt of court.

Always follow your solicitor’s guidance and stay silent online until the matter is fully resolved.

What support is available if I’m struggling emotionally?

False allegations are extremely traumatic. You can contact:

Victim Support (for emotional and legal guidance),
Mind or Samaritans (for mental health support),
or ask your GP for counselling referrals.

Your solicitor can also refer you to support networks for wrongly accused individuals.

Can I claim compensation for being falsely accused or arrested?

You may be entitled to compensation if:

You were unlawfully arrested or detained;
The case was maliciously prosecuted; or
Police mishandled the investigation.

These claims are made under tort law and Article 5 of the Human Rights Act 1998 (right to liberty).

Consult a solicitor who specialises in civil actions against the police.

How long does it take for a false accusation case to be resolved?

It varies from weeks to months, depending on complexity and evidence.

Police can keep you under investigation (“released under investigation”) for an extended period, but you are entitled to updates under PACE Code C.

If delays are unreasonable, your solicitor can request a review or apply for the case to be closed.

What’s the most important thing to remember if I’m falsely accused?

Stay calm. Get a solicitor immediately. Don’t contact the accuser.

Gather evidence, follow legal advice, and trust the process.

In the UK, the law protects the innocent but only if you use it wisely.

Final Word

False accusations can happen to anyone but they do not define your future.

With the right legal support, evidence, and strategy, justice can be restored.

If you or someone you know is facing false criminal allegations, seek immediate advice from a qualified criminal defence solicitor.

Your rights, your reputation, and your freedom deserve protection.

Disclosure / Legal Notice:

All names and identifying details in the following case studies have been changed to protect client confidentiality. These examples are based on real scenarios, but any resemblance to actual persons or entities is purely coincidental.

Need help? At Express Law Solutions, we review, draft, and negotiate contracts to ensure they’re fair, clear, and enforceable.