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Human rights barrister calls for those on bail for sex offences to be charged within three months (13 October 2014)

Date: 13/10/2014
Duncan Lewis, Crime Solicitors, Human rights barrister calls for those on bail for sex offences to be charged within three months

Leading human rights barrister Geoffrey Robertson QC has called for police to drop cases against those accused of historic sex crimes if charges cannot be brought within three months.

Mr Robertson says that those accused of sexual offences are being kept on bail for too long. His comments follow an announcement that veteran BBC broadcaster Paul Gambaccini will not be charged, after allegations of historic sex Human rights barrister calls for those on bail for sex offences to be charged within three months

Leading human rights barrister Geoffrey Robertson QC has called for police to drop cases against those accused of historic sex crimes if charges cannot be brought within three months.

Mr Robertson says that those accused of sexual offences are being kept on bail for too long. His comments follow an announcement that veteran BBC broadcaster Paul Gambaccini will not be charged, after allegations of historic sex offences were made against him. Mr Gambaccini was kept on bail for 12 months, however, before the case was dropped.

He had been questioned under the Metropolitan Police’s Operation Yewtree investigation into cases of historic sexual abuse. Mr Gambaccini was investigated after allegations were made involving two boys in their teens in the early 1980s.

The Association of Police Officers has emphasised that any police inquiry into historic sex abuse allegations makes victims “squarely” the focus.

For a case to go to court, the police have to gather enough evidence to persuade the Crown Prosecution Service that there is a case to answer.

Mr Gambaccini has said that the time he spent on bail while police investigated the allegations against him were “12 months of trauma”.

Geoffrey Robertson told BBC Radio Four that Mr Gambaccini’s situation was not unique – with many people being “arrested prematurely” by police and then being kept on bail for one or two years while police carried out their investigations. Mr Robertson added that suspects should only be arrested when there is “reasonable suspicion” that an allegation may be true.

“These arrests are completely unnecessary and unlawful,” said Mr Robertson, who was speaking of the stress caused to those who are accused of historic sex offences.

“Several of them have committed suicide because of the torment and stress,” he said.

Several prominent celebrities who have been arrested after allegations were made against them were later acquitted when the case came to court.

There have also been calls for defendants in sex offence cases to be allowed to remain anonymous until convicted.

The national policing lead for adult sexual offences Assistant Commissioner Martin Hewitt said, however, that “real changes” had been made to the way in which cases involving crimes such as rape and sexual offences are dealt with by the police – and added that sexual offences are among the most complex to deal with, especially if the case involves an historic allegation.

“More victims than ever have the confidence to come forward and report – and more than ever are achieving justice in the courts,” he said.

However, Mr Robertson said that when an individual is arrested and questioned by police over allegations of having committed a sexual offence, the presumption of innocence is “turned on its head” when they are “named and shamed”.

“There has to be some cut off point,” said Mr Robertson.

“Because we are seeing people being held for one year or two years – brought into police stations and humiliated every few months – and that is not satisfactory.”

Mr Robertson added that if police can’t charge within three months “they have either got to go to a judge and get permission – or drop the case”.

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise at any stage of a criminal charge, including charges relating to sexual offences such as rape and sexual assault – or charges brought for historic cases of sexual abuse or child abuse.

Duncan Lewis criminal solicitors are available 24/7, 365 days a year – and in London and the southeast there are six Duncan Lewis offices so a criminal defence solicitor can be with you within 45 minutes.

For expert legal advice on criminal charges and representation during questioning under caution, call Duncan Lewis on 020 7923 4020.

For out-of-hours legal advice and representation, call the Duncan Lewis Crime Lawyers Out-of-Hours Hotline on 07920 077057.


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