Doli Incapax pre Crime and Disorder Act 1998

[LisaP90]

Hello,

I've been reading into "Doli Incapax" and have read through some of the threads on this site where it has been mentioned on a number of occasions.

Some of the posts say that Doli Incapax can be applied retrospectively to crimes committed before 1998. Where can I find the legislation that supports that.

A very dear friend of mine has been accused of a crime he allegedly committed in 1982 when he was 12. His solicitor has never mentioned "Doli Incapax" to him, is it time to get a new solicitor.

Also, does it matter that he now realises that he MAY have done wrong, or is it his state of mind as a 12 year old that will be judged.

My friend is devastated, close to a nervous breakdown, I am trying to help him in every way I can. I can go into more detail if I have too.

Thanks

Lisa

[Rights Fighter]

Does he accept that what he is accused of happened?


If yes then it's not a false allegation but he really does need to find a solicitor who have look into the Doli Incapax defence.


If it's a false allegation, does he have any evidence/witnesses who might have been around at the time?


I cannot stress that whichever it is, he MUST instruct a solicitor who is fully au fait with this. Which area of the UK are you in/where any trial might held? No need to give the town, just the county or points of the compass, North, South, East West / Midlands....

I might know of a solicitor who is equipped to deal with this.

Has he been charged?

[LisaP90]

Hi "Rights Fighter" thanks for the quick reply

Is maybe an acceptable answer?

To try and keep it brief, he accepts he knows the person, but for 30 years he has always thought he was "playing games", being rude and naughty.

To add insult to injury, my friend has recently been attending counselling session helping him through the years of sexual abuse he and his sister suffered at the hands of his late father.

I'm trying to explore that in his defense he didn't understand what he may or may not have done was wrong, hence looking into "Doli Incapax"

This allegation couldn't have come at a worse time, he's only just getting over the emotional distress from his past. He is truly devastated that he MAY have done something wrong.

Thanks

Lisa

PS, No, he hasnt been arrested or charged, just questioned.

[Rights Fighter]

If he isn't sure then there is the possibility that something happened while playing the usual inquisitive games children play. I remember "doctors and nurses" and "mummies and daddies" for instance.

If the person accusing is a bit skint they may well have turned this to their own advantage or may have been given counselling where child sex abuse was suggested and he or she has ow believed it happened due to vague memories of "something" happening.

He's not been charged - am I right?

Asking again, roughly where would any trial take place should their be a charge? ie where the alleged offence took place - and where is his current location. Vague is good enough.

[LisaP90]

He's just been questioned at the moment, no arrest or charges.

We are in the North East of England.

Lisa

[Rights Fighter]

Lisa, I have emailed you. Please check your junk/spam folders.

[jittery]

Hi

He's just been questioned at the moment, no arrest or charges.

We are in the North East of England.

Lisa

Hi Lisa,
I'm not qualified to do anything but offer encouragement. What a sorry state of affairs! I'm can relate to this, I think words have been put into the mouth of my accuser, probably by someone who means well (to her not me!).I think she genuinely doesn't understand the process that has been started (my accuser). I would just ask does the person accusing your friend know anything of his history? With his background this must be tearing him apart!
I really hope you both find a good way through this from the bottom of my heart. Stay strong!

[soulbug]

Hi , I can assure you that Doli Incapax can be applied retrospectively , i was charged in very similar circumstances to your friend , age wise , accused of sexual offences , all of which i denied , i have full judges ruling and a copy of it .

My case was thrown out based on Doli Incapax , any solicitor that thinks it does not apply , does not know there eggs , your friend must find a better solicitor , i cannot stress that enough.

This is a post of mine :-

http://www.daftmoo.org.uk/mooforum/s...pax&highlight=

Download the pdf file and read chapter 14 , it will be very insightful.

[soulbug]

One of the things the judge stated in the ruling , is that it would be impossible at this late stage for him to be able to guide the Jury on how best to understand the mind of a 12-13 year old , also through the passage of time it would be impossible for the accused to be able to set the scene for his state of mind so many years ago , also how could the jury put them seleves in the mind of 12-13 year male from the 1980's , of whom some my not even yet of been born !

What i found the judge to be saying overall was that ,The passage of time and the state of a boys mind have all but disappeared !

[Rights Fighter]

Soulbug

Just to let you know that one of the Grounds of appeal that the Single Judge allowed through, for Redscouse, relate to Doli Incapax! Thought you'd like to know that

[soulbug]

Soulbug

Just to let you know that one of the Grounds of appeal that the Single Judge allowed through, for Redscouse, relate to Doli Incapax! Thought you'd like to know that

Wow R.F that is brilliant news he is so lucky to have a true Right's Fighter on his side your brilliant

[Rights Fighter]

I don't know if you are near to London, but if you are I will email the date of the appeal as soon as I know it, if you'd like to attend.

[soulbug]

Hi R.F , thank you for , that would be great , but i am not that close to London , but please let me know how it goes