header-logo header-logo

31 January 2019 / Alec Samuels
Issue: 7826 / Categories: Features , Criminal
printer mail-detail

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

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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
back-to-top-scroll