Out of time?

[curly~sue]

Hello!

This might be a silly question but does anyone know if it is ever too late to press charges for assault?

Thank you in advance.

[voltr4m4x]

If there were any physical injuries (wounds) and these are still plainly visible there is nothing in law which would prevent you from making your complaint to the police.

On the other hand, you may be left to ponder an action for common assault on your own account.

[New Judge]

Summary offences (those which can only be dealt with in the Magistrates' court) have an absolute time limit of six months to "lay the information" before the court (that is, to start the proceedings). Common Assault is a summary offence.

After this time no prosecution can be launched.

Even within this time, a successful prosecution is less likely as time goes on. In particular, the person against whom the allegation is made is entitled to be warned of a possible prosecution as quickly as possible (in motoring offences this is deemed to be 14 days unless exceptional circumstances prevail). If no warning is given and proceedings are unduly delayed, he can offer the defence that he had forgotten the details and cannot therefore fairly offer his version of events.

In short, justice delayed is justice denied.

[curly~sue]

That is very helpful. Thank you both very much.

[Ethel]

You hear of rape charges being bought years after the offence took place, in some cases many years.

The abuse cases in Jersey currently being investigated happened a long time ago.

The case of Brown found men guilty of assault (even though the 'victims' consented) when evidence was found a couple of years after the event - the police found a video recording of it during a drugs raid. They had no knowledge of the incident until 2 years or more had passed since it happened.

Parents have been prosecuted when old injuries have shown up on children's' xrays.

So, the prosecution has to abide by time limits, but the clock doesn't start at the time of the offence.