I have been falsely accused – How do I defend myself?

 

Being falsely accused of a criminal offence is a distressing experience. Whether the allegation is based on a misunderstanding, malice, or mistaken identity, the emotional and reputational impact can be devastating — especially when you know the claims are untrue.

If you've been falsely accused, it's essential to know: you are not powerless — and there are clear steps you can take to protect yourself and build a strong defence.

There are always two sides to a story

No matter how serious the allegation, the police and prosecution must still investigate and prove their case beyond reasonable doubt. False accusations often arise from complex personal dynamics — misunderstandings, family breakdowns, relationship breakups — and it's important to remember that your side of the story matters just as much.

You have the right to be heard, and the legal system recognises that misunderstandings and false allegations do happen.

So how do you handle a false allegation of criminality?

In false allegation cases, early action is essential. Don’t wait until formal charges are brought — start building your defence immediately. This can include gathering your own evidence such as:

  • Text messages, emails, or social media conversations that contradict the accusation or show the broader context

  • Recorded footage, if the alleged incident took place in a public or private space covered by cameras. Also, recordings of the complainant’s behaviour that contradict the accusation or show the broader context

  • Witness statements from people who can support your version of events or provide alibis

  • Phone records, location data, or digital evidence that proves where you were at the time

The sooner you instruct a solicitor, the sooner they can help you secure and present this material in a way that supports your defence.

The Police Interview: Your first account matters

If you’re invited for a police interview under caution, it’s vital to approach it cautiously. This is not a formality — it's the first key opportunity to put forward your side of the story. But doing so without legal advice is a risk.

You must remember, that the police already have the complainant’s account on record and may have formed some views, however, a police interview is a fantastic opportunity to challenge false allegations.

We strongly advise that you do not attend a police interview alone. With the right legal support, you can provide a carefully prepared account that highlights the falsehoods in the allegation and brings relevant evidence to the attention of investigators from the outset.

Pre-Charge Engagement and Written Representations

Even after an interview, you may still be under investigation for weeks or months. This period is an opportunity to engage with the police proactively, especially in cases where a charging decision is pending.

This is known as pre-charge engagement — and it can make all the difference in stopping a false allegation from progressing.

We can make formal written representations on your behalf, pointing out weaknesses in the evidence, highlighting inconsistencies in the complainant’s account, and supplying your supporting evidence in a structured and compelling way. Our aim is to persuade the police and in turn the CPS that it is not in the public interest to prosecute, or that there is no realistic prospect of conviction.

What should I do now?

If you've been falsely accused:

  1. Don’t panic — but act quickly.

  2. Avoid contacting the complainant, even to “clear things up” — this can make things worse and could be considered a witness intimidation.

  3. Start collecting any evidence you may need to prove your innocence.

  4. Contact an experienced criminal defence solicitor as soon as possible.

False accusations can have serious consequences — including arrest, bail conditions, social stigma, and the risk of prosecution. But with the right defence strategy and representation, it is possible to clear your name and prevent things from escalating unnecessarily.

You are not alone — We can help

At Kelly Blake Legal, we are experienced in defending clients against false accusations across a wide range of offences — including assault, sexual allegations, online offences, and more.

We act quickly, confidentially, and with unwavering focus on protecting your rights and reputation. We attend police interviews regularly and ensure our clients are fully prepared before a word is spoken.

 


Complete an enquiry form today to put your mind at ease.


 
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I am guilty – But I don’t want to be prosecuted

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Navigating the Challenges of a Criminal Investigation