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Can I sue for defamation if falsely accused of a crime?

Where a person is falsely accused of a criminal offence, the effect on their reputation can be devastating and far-reaching, even where the allegation is untrue. A false accusation can affect a persons personal and professional life, damaging relationships and impacting their employment prospects including promotions and future employment. Even if the allegation does not become a police matter, or the individual is cleared in court, the damage caused by the allegations can still be significant. A false accusation can make you feel like your world has turned upside down. It is understandable that people in these situations may wish to take legal action against those that falsely accused them. Whether or not this is possible depends on where the defamatory statement took place and whether any of the defences to defamation are available.

In the event that a false accusation or other defamatory material has been published or said about you, Vardags team of top defamation lawyers can take legal action against the proprietor, right the record, and win you your deserved compensation.

If you have been defamed, click below for a free initial consultation with one of our expert R&P solicitors.

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What is defamation?

Defamation describes a statement which is untrue and has caused, or is likely to cause, serious harm to a persons reputation. False accusations relating to criminal acts will often meet this threshold and be considered defamatory, entitling the victim to legal remedy. Learn more here.

Defamatory statements made during court proceedings 

Even where a defendant is found not guilty of a crime they have been falsely accused of, there will still be damage to their reputation, and this is obviously a concern for the individual involved. Those called to give evidence as witnesses or alleged victims can make statements or accusations that are technically defamatory. However, this does not mean that the defendant is able to bring a claim for defamation. 

Absolute privilege 

In some circumstances, it is possible for a person to make a statement that is defamatory in nature but does not make them liable. This is known as absolute privilege and applies even where the statement is untrue or malicious.  

Judicial proceedings 

Absolute privilege applies to judicial proceedings. It allows all parties involved in a case to speak freely during proceedings about issues that are relevant to the particular case. Any statement made before a court is covered by privilege. This extends to all courts that are exercising functions that are the same as those of an established court and the proceedings are being used to determine truth and justice that is a public concern.  

Protection is given to all those involved in the proceedings, such as: 

  • Judge 

  • Jury 

  • Barristers and other lawyers 

  • Those giving evidence, including witnesses and alleged victims 

  • The police 

  • Expert witnesses (though experts no longer have absolute privilege protection from negligence claims)  

All stages are covered, including the preliminary stages, so long as the statements are made for the use in the court proceedings on the subject that the case relates. It covers verbal statements as well as documents that form part of the case and includes: 

  • Witness statements and interviews 

  • Statements of case 

  • Particulars of claim 

  • Defence statements 

The protection of privilege only applies to statements made that are relevant to the case. It does not apply to statements that have no connection to the subject matter of the proceedings. For example, if an allegation of a different offence is made during proceedings for an unrelated crime, then this is not covered by the privilege.  

Reporting of judicial proceedings 

Privilege is also offered to those that report on judicial proceedings, if it was: 

  • A fair and accurate report 

  • The proceedings were heard in public 

  • The report was published contemporaneously with the proceedings, which means as soon as practicable afterwards. For newspaper reporting, that would be in the next edition (usually the next day). 

Defamatory statements made outside of judicial proceedings 

It is possible for an individual to be falsely accused be someone of committing a criminal offence without the matter being reported or pursued by the police. If a defamatory statement is made outside of judicial proceedings about a person committing a crime (for example is discussed in a newspaper article) then the accused person would be able to bring a claim of defamation. The protection of privilege does not apply where the matter is not being discussed as part of a court case.  

The individual would be able to bring a claim for defamation in this case so long as they met all the necessary requirements. 

Remedies available

If you have been falsely accused of a crime, there are various remedies available should your claim for defamation succeed, namely:

  • Damages
  • An injunction
  • An order to remove the defamatory statement
  • Publication of a summary of the courts judgment

Generally, a successful defamation claim regarding a false accusation of criminal behaviour will entitle the claimant to compensatory damages. The court will seek to remedy any distress and economic loss suffered. When determining the level of damages to be awarded, the court will consider various factors, such as the gravity of the defamatory statement. Therefore, if you have been falsely accused of a crime, the nature of the crime and its specific effect on your reputation and feelings will be considered.

Our leading reputation and privacy lawyers have a wealth of experience defending high-profile clients, protecting their reputation from false accusations, and securing the compensation they deserve.

If you have been falsely accused of a crime, it is important that you seek legal advice as soon as possible. Contact us today for a free consultation.

The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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