That's What You Call A Near Miss!
ChatterBank1 min ago
legal advice please
Our family suffered serious harrassment and racial abuse from a certain individual. The person was charged and subsequently pleaded not guilty, so it was sent to Crown Court. Due to serious family illness, a main witness was not well enough to give evidence(this was documented and stated by numerous doctors). The judge was asked to adjourn for a period of one month to allow the witness to be well enough to give evidence. The judge refused and the defendant was found not guilty. We had a strong case, including taped telephone conversations with the defendant, who was also arrested on numerous occasions for witness intimidation. I am so disappointed that this person who has also done this to other people, has got off Scot free. Could we take out a private prosecution? Any advice would be very appreciated. Many thanks
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Generally an individual cannot be prosecuted again for the same offence once he has been found not guilty at trial.
This was a problem in the matter of the murder of Stephen Lawrence. The family took out a private prosecution against those whom they thought were responsible. They were found not guilty and a new prosecution could not be brought, even though the case against them had become stronger.
Recent changes to the law (largely brought in as a result of the above) do now allow for re-trials in certain circumstances. The offence has to be of a serious nature and �new and compelling evidence� has to be forthcoming which was not available at the first trial. I doubt that the circumstances you describe fit the bill.
Your only course of redress is to take a civil action against your tormentor. The �burden of proof� in civil cases is lower. You have to show �on the balance of probabilities� that the acts were committed � that is the judge has to be 51% certain that they are true. In a criminal case the matter has to be proved �beyond reasonable doubt�.
The downside is that you can only claim damages for injury or distress (or whatever you feel you have suffered). If the case is found in your favour, the individual responsible does not receive a criminal conviction and cannot be punished by means of imprisonment or a community order. He can only be made to pay you damages, and these may prove difficult to recover if he has limited funds.
The other thing to consider is that you will almost certainly need representation to have any chance of success. It is doubtful if you will receive Legal Aid and your costs could be considerable.
This was a problem in the matter of the murder of Stephen Lawrence. The family took out a private prosecution against those whom they thought were responsible. They were found not guilty and a new prosecution could not be brought, even though the case against them had become stronger.
Recent changes to the law (largely brought in as a result of the above) do now allow for re-trials in certain circumstances. The offence has to be of a serious nature and �new and compelling evidence� has to be forthcoming which was not available at the first trial. I doubt that the circumstances you describe fit the bill.
Your only course of redress is to take a civil action against your tormentor. The �burden of proof� in civil cases is lower. You have to show �on the balance of probabilities� that the acts were committed � that is the judge has to be 51% certain that they are true. In a criminal case the matter has to be proved �beyond reasonable doubt�.
The downside is that you can only claim damages for injury or distress (or whatever you feel you have suffered). If the case is found in your favour, the individual responsible does not receive a criminal conviction and cannot be punished by means of imprisonment or a community order. He can only be made to pay you damages, and these may prove difficult to recover if he has limited funds.
The other thing to consider is that you will almost certainly need representation to have any chance of success. It is doubtful if you will receive Legal Aid and your costs could be considerable.
Hello Judge J, thanks for your reply. I think we do have sufficient evidence to claim damages against this person. My daughter is disabled and she and I were the main witnesses, as well as 2 police officers, one of whom was in our home when some of the disturbing phone calls were received. Also another person who had received similar treatment from the defendant. I also think the judge was wrong in this case not to allow a months adjournment so my daughter could recover. We also had doctors letters stating she was not well enough. I will be sending a letter of complaint to the CPS and perhaps even the Lord Chancellor. How much do you think it would cost to take out a civil case against the defendant for damages? Many thanks
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