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31 January 2019 / Alec Samuels
Issue: 7826 / Categories: Features , Criminal
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A matter of time

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

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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