To Settle An Quiz Night Challenge.

[derekpara]

What period of time must elapse before the assailant can no longer face a murder or manslaughter charge if the victim dies of his/her injuries.

Cheers.

D

[emmie]

NJ would know,

[THECORBYLOON]

It used to be a year and a day but that was abolished by the Law Reform (Year and a Day Rule) Act 1996.

[derekpara]

^^ 'A' Quiz Night.

Thanks, Emmie.

[davebro]

just guessing but I wouldn't think there was a limit if it can be shown the victim died as a result of the injuries.

[barry1010]

It used to be a year and a day but that is no longer the case
https://www.legislation.gov.uk/ukpga/1996/19

It was abolished because of the advances in medicine that can keep people alive

[aelmpvw]

i thought there were no statute of limitations for murder/manslaughter

[emmie]

ael me neither....

[THECORBYLOON]

So glad I bothered...

[emmie]

so you are saying that if i commit manslaughter/murder i could get off, if the victim died. if enough time has elapsed.

[THECORBYLOON]

No.

[emmie]

then i misunderstood.

[THECORBYLOON]

It used to be a year and a day but legislation abolished that time limit.

[derekpara]

Ael & Emmie. Let's say the assailant was convicted of GBH and served 10 years, and the victim lived on for another 60 years, surely the assailant wouldn't face a murder charge ?

[emmie]

no of course not, but would be done for GBH surely.

[New Judge]

Yes, in short the legislation to which Barry kindly provides the link abolishes the "year and a day" rule. Instead, if a death occurs more than three years after the date the injury which allegedly led to the death was inflicted, a prosecution can only be brought with the consent of the Attorney-General. The same provision also applies if the person alleged to have caused the death has previously been convicted of an offence which caused the injury which allegedly led to the death (however long after that conviction the death occurs).

[aelmpvw]

unlikely scenario but i don't see why not

[emmie]

crikey, no wonder the law is complicated

[THECORBYLOON]

Under the present law, the Attorney General would have to agree to the prosecution in your example.

"2 Restriction on institution of proceedings for a fatal offence.

(1)Proceedings to which this section applies may only be instituted by or with the consent of the Attorney General.

(2)This section applies to proceedings against a person for a fatal offence if—

(a)the injury alleged to have caused the death was sustained more than three years before the death occurred, or

(b)the person has previously been convicted of an offence committed in circumstances alleged to be connected with the death."

[THECORBYLOON]

DP, what answer was given in the quiz?

[THECORBYLOON]

"Clift, 29, of Lincolnshire Close, Bletchley, was found guilty at Luton Crown Court of murdering Mr Barton and sentenced to life imprisonment with a minimum term of six years.

Clift was originally jailed in 2002 for causing grievous bodily harm to Mr Barton, who was 19 at the time of the attack.

However, after his victim died in 2009 from the injuries he sustained in 2002, Clift was charged with murder in January 2011."