From which two events do the periods for a compensation claim under this Act run once an acquittal judgment becomes final?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the acquittal judgment and the record showing the date it became final, any notice, copy or other paper showing when the claimant learned that fact, and the compensation claim bearing the court's receipt stamp.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading states the rule as written: a compensation claim must be made both within the period the provision sets counted from the day the claimant knew the fact that the acquittal judgment had become final, and within the period it sets counted from the time that judgment became final, so the claim must satisfy both limits.
Another reading notes that the provision fixes the two periods by reference to when the claim is made, but states no consequence for a claim made after either period has run, so what becomes of such a claim is left open by this provision.
Your judgment
If the claimant learned of the finality of the acquittal judgment long after it became final, how does the record fix the day that knowledge was acquired?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change either period or its starting event, or if a court decision decides when knowledge of the fact that an acquittal judgment has become final is treated as acquired.