How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Last year my sister and I were found not guilty in crown

Customer Question

Dear Sir
Last year my sister and I were found not guilty in crown court in front of a jury of fraud and stealing a large amount of money from my late Mother, who I had been looking after for the past seven years as she had been ill with dementia. The accusation was made by Dorset County Council who we never had any apologie from for all the extreme stress they caused. I have been advised by a friend that we should claim compensation from them, is this possible?
Yours Faithfully
Paul Hullcoop.
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

Hello Paul my name is ***** ***** I will help you with this.

Was this after a trial or was there a submission for no case to answer?

Expert:  Jo C. replied 2 months ago.

Hello

It is of no consequence whether it was after trial or it fell at half time.

There is case law that is pretty widely known to the effect that the Crown, in all it's manifestations, is not liable for it's prosecutorial decisions.

The only claim that could be brought would arise if you could show bad faith – malicious prosecution. That is different to showing incompetence.

Expert:  Jo C. replied 2 months ago.

There is a wealth of case law on this point and it has been considered by Europe and held to be compliant with the HRA.

There was an attempt to extend out malicious prosecution so that there was no need for bad faith but it failed.

Largely that was a policy decision I'm afraid. A view was taken that it was not in the public interest that the Crown spend time defending prosecutorial decisions. I am not actually sure that is right. They would be a good deal more careful with these stupid historical sexual abuse cases if they thought there might be liability.

Expert:  Jo C. replied 2 months ago.

You can always judicially review the decision to prosecute but there is very little practical point as the verdict was in their favour.

It is also expensive and JR is a high test.

I'm very sorry but that is the reality. Challenging a prosecutor for their decision to prosecute is almost impossible in the UK.

It might change as a result of the celebrity witch hunt as they do at least have the funds to bring actions.

It has not yet.

Can I clarify anything for you?

Jo

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice