Pre-Charge Defence Prevents Historic Allegation Charges After 26-Year Delay

The Client

Our client was a man in his late 30s who had never previously been in trouble with the law. His reputation came under immediate and serious threat when he was arrested on suspicion of historic sexual offences said to have taken place more than 25 years earlier, during his own childhood.

The Allegations

The complainant alleged that between the ages of 11 and 13, our client had repeatedly committed sexual assaults over a prolonged period. The accusations were grave and carried enormous stigma. If accepted, they had the potential to result in prosecution for some of the most serious offences in the criminal calendar. The police were actively considering whether to refer the matter to the Crown Prosecution Service (CPS) for a charging decision.

Our Strategy and Work

From the outset, we recognised the devastating consequences that a charging decision would carry, not only in terms of legal jeopardy but also the stigma that attaches to allegations of this kind. Our approach was to confront the allegations head-on with a carefully structured pre-charge engagement designed to dismantle the case before it could gain traction.

We exposed serious evidential shortcomings. The complainant’s account contained fundamental contradictions and could not be reconciled with objective facts, such as the alleged presence of items in the home that never existed. We secured medical evidence that further undermined the possibility of the alleged conduct having taken place.

Critically, we raised the principle of doli incapax, the common law presumption that a child under the age of 14 cannot be criminally responsible unless the prosecution can prove that they understood their actions were seriously wrong rather than merely naughty or childish. In this case, that presented a formidable legal barrier that the prosecution could not surmount.

We also addressed the impact of delay. The allegations had been raised after a gap of 26 years, a period so long that it rendered any fair trial impossible. Memories had inevitably faded, records were irretrievably lost, and the ability to mount an effective defence had been fatally compromised.

To reinforce the unreliability of the complaint, we gathered substantial character evidence. Numerous witnesses came forward to attest to our client’s good character and to challenge the credibility of the complainant. We also made it clear that the public interest test could not be satisfied. These were alleged incidents between near-contemporaries, taking place during childhood, with no suggestion of coercion, exploitation, or any offending in adult life. To pursue a prosecution would not only have been legally unsound but manifestly unjust.

Outcome

Our submissions left no room for doubt. The police accepted our representations in full and closed the case without charge. The matter was never referred to the CPS. The result was decisive: our client avoided the ordeal of a prosecution and the enduring reputational harm that comes with being accused of such offences.

Comments from Jared McNally

“Allegations of this nature carry enormous stigma and risk. But the law recognises that children cannot be judged as adults. By confronting the evidential gaps, applying the principle of doli incapax, and forcing investigators to grapple with fairness and public interest, we shut down a case that should never reach court. For this client, the difference was stark: living under the shadow of trial for years, or being able to move forward with his life.” — Jared McNally, Clifford Johnston & Co.

Clifford Johnston & Co is a leading Criminal Defence Firm in specialising in Pre-Charge Representation, based in Manchester and representing clients across England and Wales on a privately funded basis. We provide strategic advice and robust advocacy during the early stages of a Police Investigative Defence when your liberty or reputation is under threat.