The Theft Act 1968 - Section 21 - A Query?

[GMX]

What is the procedure for reporting "extortion with menaces", is it a matter for the local police, or does the victims solicitor refer it to the police and/or CPS?

Furthermore, what body of evidence does the victim need to produce?

It strikes me, that it's the victims word against the extortioner, and unless it was recorded by a phone recorder or CCTV with audio, was written on letter or note, or there was an independent witness: there is no physical evidence as such.

It's come to light, when chatting to one of my relatives, about his on-going problems with a neighbour, that this neighbour is essentially trying silence my relative into not objecting again to his proposed development by claiming he will seize some of my relatives back garden, should he object again to the planning department, as is his right..  My relative (along with many others has objected three times now, to three separate but largely, variations of the same development).

This strikes me as extortion with menaces, or possibly blackmail, which is contrary to The Theft Act 1968 Section 21. The neighbour has no legitimate claim on my relatives garden but he's tried to make my relative believe, he will take it by force, should my relative object again to his current pending planning application.

There were no witnesses when the neighbour threatened him with this, nor did my relative think to activate "record" on his phone voice recorder and get the neighbour to repeat the threat.  No CCTV either, the threat was made across the garden fence, during an evening when both my relative and his neighbour were in their adjacent gardens

I said to him, that he needs to report that at least to his solicitor but preferably to the police.  He's concerned, it's only his word against the neighbour, and a person that would use that kind of intimidation to try and get his way, may go beyond that, should he report it.  I said him, because of that implied and immediate threat, that's a very good reason on it's own; for doing so. 

He did however, tell the planning officer who is dealing with the planning application that he is being intimidated by blackmail into not opposing. 

My research into blackmail suggests it's extortion with menaces: not blackmail.  Blackmail requires that the victim has done something illegal or socially distasteful, that only the protagonist knows about and uses to his advantage, in return for keeping silent.  Whereas, extortion with menaces, is coercion with implied force or actual force.

In trying to advise my relative, I'm now not too clear on whether this a straightforward criminal matter that needs the police help directly (which I'm 90% certain it is), or whether it's part of the civil dispute my relative is having with the neighbour. Which his solicitor passes it on to the police and/or CPS in the course of events (which I'm 10% it might be)

Unfortunately, my relative is not an assertive type of person, the sort who can easily be taken advantage of, by his over complaint nature and trusting everyone too much. So, even if I can advise him the correct way to go: he still might not do so.

 

 

 

[Philf1]

Contact Clive known as stoney on here he's a police officer and will advise you what is best to do. Personally I'd report it to the police and get it on record then if anything does happen he's covered

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[Stoney871]

It is indeed blackmail (which also includes extortion with menaces) and can also be tried under section 29 of the Larceny Act (1916).

Your first action should be to report it to your local Police including as much detail in your statement as possible (dates, times and as as much detail of the verbal threats as can be recalled).

Corroborating statements from other aggrieved parties would be of great benefit in building a prosecution case.

I know that the threats and implied negative effects from the instigator make people afraid to challenge them but you will have the law on your side here.

The Land Registry Office will have records and maps to show who has legal right and their records will be irrefutable.

I say stand up to the person and call their bluff.

He's obviously a bully and used to getting his own way.

Sent from my SM-G900F using Tapatalk

[GMX]

Thanks Clive and Phil too, I'll advise him accordingly

[Stoney871]

http://www.legislation.gov.uk/ukpga/1916/50/contents/enacted

http://www.legislation.gov.uk/ukpga/1968/60/contents