(3 days, 20 hours ago)
Lords Chamber
Lord Cameron of Lochiel (Con)
My Lords, I am very grateful to the noble Baroness, Lady Brinton, for bringing forward the amendment. Obviously, victims of child sexual offences should always be able to seek justice, no matter how long it takes them to come forward.
We absolutely understand and respect the intention behind this proposal. Many survivors of abuse do not feel able to disclose until years—sometimes decades—after the offence, and there is a very real sense of injustice when the law appears to stand in the way of accountability.
However—and on this point I side with my noble and learned friend Lord Garnier—I think there exists no limitation period for offences that would occur under Section 9 of the Sexual Offences Act. The Limitation Act 1980 applies only to civil cases, and indictable criminal cases do not have general limitation periods in England and Wales. As offences under Section 9 of the Sexual Offences Act are indictable only, we do not think the amendment is strictly necessary, despite the fact that it pursues a very noble aim. While sympathetic, therefore, to the principle—
Briefly, has the noble Lord opposite considered Section 127 of the Magistrates’ Courts Act, which has a six-month time limit on prosecutions brought in the magistrates’ court? Has he considered that Section 9 is neither a way of—my noble friend the Minister is shaking her head at me, so maybe it is not necessary for the noble Lord to answer.
Lord Cameron of Lochiel (Con)
I thank the noble Baroness for that. I will just wait for the Minister to explain to all of us what the position is.