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ARTICLE · 04 APRIL 2001

Tensions Between Criminal And Civil Investigations

United KingdomLitigation, Mediation & Arbitration
Peter Garsden
Peter Garsden

Several Questions Arise:-

Why should an abuser’s lawyers be entitled to see all the Police’s unused material including personnel records of abusers, journals, personal records of pupils, and other important documents during the criminal trial whereas the claimant’s lawyers are denied access to those very same documents?

Why should a victim of abuse be penalised by any time delay caused by the criminal prosecution?

Why should the claimant’s solicitor be expected to bring civil proceedings with one arm tied behind his back?

Abuser’s Lawyers v Claimant’s Lawyers

Because the abuser faces the possibility of imprisonment the law appertaining to unused material in criminal trials has been extended considerably so as to ensure that all documents, whether relevant or not, are shown to him. In this respect the law has moved considerably in the last few years. For understandable reasons the claimant’s solicitor is not allowed to see any documentation until the criminal trial is over.

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