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COMPENSATION FOR JAIL TIME AFTER ACQUITTAL?

(6 Posts)
MrsBigD Mon 08-Aug-05 14:01:00

Ok here's a question for you knowledgable mn'ers...

a friend of a friend (and not it's not me ) was jailed for 6 months for some ludicrous thing and now has been fully acquitted and his name cleared. Is there any comeback for him?
Compensation from the State?
File a suit for slander against person who put him there?

Cheers

NomDePlume Mon 08-Aug-05 14:03:38

I don't know, but surely his defence solicitor should be able to advise him of any possible compensation ?

piffle Mon 08-Aug-05 14:06:30

I think if it was a person who filed a complaint that was found to be untrue, you may have civil options, if their assets merit it
If the state pay they deduct their board and lodgings before any amount, and usually most acquitals are not allowed to sue the state apparently..
not sure why that is...

MrsBigD Tue 09-Aug-05 07:02:56

maybe there are too many acquittals piffle? would bankrupt the state wouldn't it

tatt Tue 09-Aug-05 07:54:34

if he was convicted and cleared on appeal he may have some right to compensation. If he was remanded to prison then he doesn't get anything. A judge doesn't usually remand to prison unless there is a serious case to answer. I don't know about civil rights but they may exist if it was a case of one person's word against another. OTOH - and I'm not questioning your view of friend's innocence but this may be read by others - the standard of proof is different in civil cases. People may be acquitted when there was reasonable doubt of guilt but a civil court decides on balance of probabilities. So you can be acquitted and not be awarded compensation.

tatt Tue 09-Aug-05 07:57:19

should have said I'm not a lawyer but I have some interesting friends

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