header-logo header-logo

A matter of time

31 January 2019 / Alec Samuels
Issue: 7826 / Categories: Features , Criminal
printer mail-detail
There is no limitation period in English criminal law in respect of serious criminal offences. Alec Samuels reports
  • Limitation periods and prosecuting after long delays.

Alimitation period, eg 12 years, is common in continental countries. The arguments against allowing a prosecution after delay, especially long delay, have arisen in the context of alleged offences by British soldiers in Northern Ireland at ‘Bloody Sunday’ in 1972, and in the case of alleged offences of historic sex, eg Field Marshal Lord Bramall, Lord Brittan QC, Lord Janner QC, Mr Paul Gambaccini, Mr Harvey Proctor, and Sir Cliff Richard, none of whom (apart from Lord Janner) has ever been charged.

The defence will claim prejudice, the impossibility of a fair trial. Memories will have faded; witnesses will be unreliable, or untraceable, or dead; no DNA evidence will be available; no records; no photographs; and corroboration is not legally required. D will be seriously handicapped in conducting a defence. The trial will become ‘his word against mine’. D will in effect have to prove his innocence. The credibility and reliability of the late-in-coming-forward stale accuser, ‘Nick’,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll