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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44908
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can a person who has been convicted of a crime in the UK, &

Customer Question

For Ben Jones. Can a person who has been convicted of a crime in the UK, & served their sentence 25 years ago, now be sued by the victim of the crime?
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What are they being sued for exactly?

Customer: replied 1 year ago.
compensation
Expert:  Ben Jones replied 1 year ago.

I understand but what was the crime?

Customer: replied 1 year ago.
my phone number in the UK is 01733 - 312828
Customer: replied 1 year ago.
The crime was indecency on a male child, & sexual assault on other children. The offender went to the police voluntarily in 1990, & confessed all.
5 specimen charges were made, resulting in a conviction of 30 months for each conviction. The offender was released from jail in 1994.
Expert:  Ben Jones replied 1 year ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

The circumstances around the criminal side of the incident do not have any direct impact on the civil side. So regardless of whether a person has been convicted and served their punishment from a criminal aspect, the victim has the right to consider bringing civil proceedings against the perpetrator.

Saying that, civil action is subject to specific time limits under the Limitation Act 1980. Indecency, or sexual assault, is a tort claim similar to personal injury and is generally subject to a 3 year limitation period (extendable at the discretion of the courts) or 6 years if caused deliberately.

However, the House of Lords held that actions for personal injury deriving from intentional trespass to the person fell within the extendable three year limit) and that therefore courts have discretion to extend the time limit in the claimants' favour.#

This effectively means that, depending on the circumstances, a claim for damages for personal injuries caused by a sexual assault now generally has a limitation period of three years from the date when the victim first considers the injury sufficiently serious to justify proceedings, but judges have discretion to extend that period if necessary. So technically, even crimes that occurred decades ago can be pursued now in the civil courts and this has happened recently when the victims of the crimes investigated after the Jimmy Saville fiasco, such as Stuart Hall who is facing civil action even though his crimes were committed 20-30 years ago.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 12 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.