Below is a letter sent by West Midlands police in relation to a convicted offender, Darren Hogan, breaching his restraining order.
It is alleged that Hogan is getting police protection after being enrolled by Lancashire police in a task force called ‘Operation Malaya‘. Lancashire police confirmed this fact.
Darren Hogan’s prosecution and restraining order is detailed here (opens in new window).
After sentencing, Darren Hogan was given a criminal restraining order.
During his restraining order, Darren Hogan persistently breached the restraining order by posting malicious content about his victims on Facebook.
West Midlands police refused to prosecute these breaches even after confirming the posts were a criminal offence?
This is a letter of
response (excuse) from West Midlands police in relation to evidence that Darren Hogan breached his restraining order.
Within the letter, West Midlands police confirm the report is a criminal offence, they say;
The alleged posts amount to a crime
However, West Midlands police go on to say, that the investigation would ‘not be in the public interest’.
This is an abuse of process, as the public interest test is, without question, met.
Full Code Test
The CPS website details the Full code test which includes the public interest test. https://www.cps.gov.uk/publication/code-crown-prosecutors
The public interest test is only considered AFTER the evidential test is passed!
The evidential test is passed as West Midlands police clearly state the posting does amount to a crime yet they refuse to investigate the crime on the grounds of ‘public interest’, a test that is only considered after the evidential test.
A classic case of West Midlands police making up the rules as they go on.
As Hogan was charged and convicted with the same offence previously, the public interest test is met without question.
Furthermore, as the offence is a repeat offence of the one he was convicted of, and while under a court issued restraining order to prevent him repeating the same offence, this would without question, justify an investigation and prosecution.
This would never fail the public interest test. West Midlands police are alleged to have Perverted the Course of Justice.
Darren Hogan has previous police cautions for Child Abuse yet was never charged?
Darren Hogan is an operative of a Lancashire police task force, Operation Malaya, Confirmed by Lancashire police.
A Civil actions is being reviewed and considered against West Midlands police.
West Midlands police have been asked for their comments on this article.