Cross-Complaints and Counter-Allegations Strategic Considerations
If someone has accused you of a criminal offence, you may believe they have also committed an offence against you. Making a counter-complaint can seem like the obvious response. However, it is important to think about the evidence and your defence before taking action.
When Both Sides Make Allegations
Cross complaints and counter allegations often happen after relationships break down. They are very common in cases involving domestic abuse, harassment, assault and sexual offences.
Both people may say they are the victim. It is up to the police to look at both accounts and decide what happened. They should not assume both people are equally responsible simply because each has made a complaint.
Instead, the police should consider each allegation on its own facts and look at the wider circumstances. This can include what happened before and after the incident, the history between the people involved, and any evidence that supports or challenges either account.
What Are Cross-Complaints and Counter-Allegations?
A counter-complaint is a new allegation made by someone who is already facing an allegation from the other person. If both people have now made allegations against each other, these are known as cross-complaints. In other words, a counter-complaint can result in a cross-complaint.
For example, former partners may each accuse the other of harassment. One person may report an assault while the other reports abusive behaviour linked to the same event.
CPS guidance on domestic abuse explains that police may need to identify the primary victim and suspect when both people make allegations. To do that, they need to look at the history and facts of the case. They should avoid treating both complainants in the same way.
Should You Make a Counter-Complaint?
The short answer is: not always.
If you believe someone has committed a criminal offence against you, there may be good reasons to report it. This is especially true if someone remains at risk or important evidence could be lost.
However, timing matters. If an accused person makes an unsupported counter-allegation as soon as they learn of a complaint, the police may question whether it is a genuine report or merely a response to the accusation.
You could also make statements that later conflict with your police interview or other parts of your defence.
This is why you should always speak to a solicitor first. They can look at what happened, what evidence exists and whether making a complaint could help or harm your position.
What Evidence Matters in Cross-Complaint Cases?
These cases often involve two very different versions of the same events. Clear evidence can help police test both accounts.
Useful evidence may include things like:
- Messages
- Emails
- Call Records
- CCTV
- Photographs
- Videos
- Social Media
- Location Data
- Witnesses
- Records Created at the Time
Your legal team can use this material to build a timeline and compare it with each person's account. But you need to help.
You should make sure to keep anything that could be relevant. Do not delete messages or change data, even if something seems embarrassing or unhelpful.
You should also avoid contacting the complainant or witnesses yourself. Instead, you should give the evidence to your solicitor and avoid making statements while the investigation continues.
Can False or Malicious Allegations Amount to Harassment?
False allegations do not automatically amount to harassment. The facts and the wider pattern of behaviour matter.
A single false accusation is different from someone repeatedly making demonstrably false claims. If those malicious allegations happen alongside unwanted messages, threats, online posts or repeated contact, they may form part of a wider pattern of behaviour.
The Protection from Harassment Act 1997 covers courses of conduct that amount to harassment. Still, whether particular behaviour meets that test will depend on the case.
Knowingly making false allegations can also raise other serious issues within the criminal justice system. Depending on the facts, offences such as wasting police time or perverting the course of justice may need to be considered.
That said, the fact that an allegation cannot be proved does not mean it was deliberately false. It is most important to preserve any evidence and get legal advice before responding.
How Counter-Allegations Can Affect the Wider Defence Strategy
In many cases, a counter-complaint can affect the original investigation. For example, what you say about one allegation may become relevant to the other.
The situation can become more complex when criminal allegations overlap with family cases, employment problems, or professional rules. Your legal team needs to understand all of these issues before deciding what legal action to take.
During the pre-charge stage, defence lawyers can review the prosecution's case, examine the evidence, and identify gaps or conflicting accounts. They may also give relevant evidence to investigators or suggest further lines of inquiry.
This can be especially important in sensitive cases involving sexual offences or child sexual abuse, where the consequences for the accused person can be serious long before any charge.
Practical Steps If You Are Facing Cross-Allegations
- Seek specialist legal advice before making a counter-complaint or attending a police interview.
- Save messages, photographs, videos and other records. You can also create a private timeline of key events for your solicitor.
- Do not contact the complainant or potential witnesses. Avoid discussing the case online and follow any bail conditions carefully.
- Tell your solicitor about any family, employment, regulatory or reputation problems linked to the case. This allows your legal team to manage the different risks together.
How Holborn Adams Can Help with Cross-Complaints and Counter-Allegations
At Holborn Adams, we focus on evidence rather than reacting to one allegation with another.
Our team of expert solicitors can assess the original complaint and any genuine counter-allegations. We can prepare you for police interviews, review digital evidence, and identify material that supports your account.
Where appropriate, we can also make targeted representations to the police or CPS before they decide whether to charge you.
Any allegation can place huge pressure on an accused person. A calm and planned response can help protect your position within the criminal justice process.
If you’ve been accused, contact Holborn Adams as early as possible. We can not only help you fight back, but take the steps that give you the strongest defence.
Frequently Asked Questions
What is a counter-complaint in a criminal investigation?
A counter-complaint is an allegation you make against someone who has already accused you of wrongdoing. For example, a person accused of assault may say the complainant also assaulted them. Police should examine the facts and evidence behind both allegations rather than assume both sides are equally responsible.
What are cross-complaints?
Cross complaints happen when two people make allegations against each other. They are common in cases involving relationship breakdowns, harassment, assault and domestic abuse. Police may need to examine the history between the two people, as well as the evidence for each event, before deciding how to proceed.
How do police investigate counter-allegations made by both parties?
Police can compare each person's account with messages, CCTV footage, photographs, witness statements, and digital evidence. They may also look at the history between the people involved. The aim is to test each allegation against the available evidence rather than simply accept one person's version of events.
How does making a counter-complaint affect an existing police investigation?
A counter-complaint can create a new part of the police investigation. It can also affect the original case because statements and evidence from one complaint may be relevant to the other. Getting legal advice first can help you avoid making statements that cause problems for your defence later.
Are malicious allegations classed as harassment?
Not automatically. A false accusation alone does not necessarily amount to harassment. However, repeated malicious or demonstrably false allegations could form part of a wider course of conduct. The police and your solicitor will need to consider the allegations alongside any unwanted contact, threats or other behaviour.
Could making a counter-allegation harm my defence?
Yes. A poorly planned counter allegation could harm your defence if it appears retaliatory or conflicts with other evidence. This does not mean you should ignore a genuine criminal offence against you. Instead, speak to a solicitor about the evidence and the best time and way to report it.
Should I make a counter-complaint if I believe the allegation against me is false?
Not simply because you believe the accusation is false. A counter-complaint should relate to conduct by the other person that may itself justify a report to police. A solicitor can help you separate your defence against false allegations from any genuine complaint you may have.
Should I contact the other person if I have evidence that supports my account?
No. Avoid contacting the complainant or potential witnesses yourself, especially if bail conditions ban contact. Keep the evidence and give it to your solicitor. Your legal team can decide how to use the material while reducing the risk of creating further problems in the investigation.
