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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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I was arrested for an alledged assault on my son, he is 26,

Resolved Question:

I was arrested for an alledged assault on my son, he is 26, I am 68. he is 6 2, I am 5.6. I pleaded not guilty but the Magistrates cCourt ruled that I should be excluded from my home until the trial came to court, 5 months later. I continued to pay all the bills for the house, plus finding a place to stay, and paying for that too.
I was found not guilty by the Magistrates Court. Am I entitled to compensation for my extra expenses that I incurred while living away from my home?
Kevin Egleston.
Oxford.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

I am afraid that you are not going to be able to claim this money. I assume that there was an allegation made which the police investigated and referred to the CPS who approved the charge. The case then went to court and you were acquitted. You could have applied to vary the bail conditions during the course of the case and there were probably a number of court hearings at which those conditions were approved. You could have also applied for bail in the Crown Court. You may have done both without success. If so there could be a further appeal if a legal error had been made by the court.


You could only claim the money back if the court had made an illegal decision and even then it would be extremely difficult to claim. The only challenge would be by Judicial Review and you are probably out of time for that.


Defendants receive no compensation even if they spend a long time remanded in custody awaiting trial and are then found not guilty. People have lost businesses or been unable to pay their mortgages and still no payments.


The only circumstances where I can think of someone receiving compensation for a false allegation are where the false accuser was convicted of perjury and their victim was compensated from Criminal Injuries Compensation fund.


I am sorry to be the bearer of bad news but the short answer is that you will not be able to claim for the accommodation costs etc.

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