The applicant had been tried for alleged sexual abuse of a minor, G, who in turn claimed civil compensation. He was acquitted and the claim for compensation dismissed. G appealed to the Supreme Court against the failure to award compensation. The Supreme Court heard fresh evidence but also had regard to the evidence given in the criminal proceedings, and made the compensation order sought.
Held: The compensation claim did not amount to the ‘bringing of another ‘criminal charge’. It observed, however, that had the national decision on compensation contained a statement imputing criminal liability to the applicant this would have raised an issue falling ‘within the ambit’ of article 6(2). It is legitimate for a victim to bring a civil claim for compensation in proceedings that apply a lesser burden of proof to the issue of whether the defendant committed the acts that had formed the basis of the criminal charge on which he was acquitted.
34964/97, [2003] ECHR 77
Worldlii, Bailii
European Convention on Human Rights 6(2)
Human Rights
Cited by:
Cited – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
Cited – Gale and Another v Serious Organised Crime Agency SC 26-Oct-2011
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had . .
Cited – Gale and Another v Serious Organised Crime Agency SC 26-Oct-2011
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had . .
Cited – Hallam, Regina (on The Application of) v Secretary of State for Justice SC 30-Jan-2019
These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 01 January 2022; Ref: scu.179054