Police and prosecutors criticised after firefighter wrongly convicted of sex attacks solely on testimony of fantasist – Daily Telegraph

Posted July 22nd, 2016 in child abuse, miscarriage of justice, news, sexual offences by sally

‘A retired fire chief falsely accused of sexually abusing a boy 40 years ago has had his conviction overturned after it emerged his accuser was a fantasist and serial liar.’

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Daily Telegraph, 20th July 2016

Source: www.telegraph.co.uk

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The mysterious case of the drug-smuggling fishermen – BBC News

Posted July 19th, 2016 in appeals, drug trafficking, evidence, miscarriage of justice, news, ships by sally

‘In 2011, a group of men from the Isle of Wight was given a combined 104-year prison sentence for masterminding a £53m drug smuggling operation. Does new evidence suggest they were innocent?’

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BBC News, 19th July 2016

Source: www.bbc.co.uk

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How To Prevent Miscarriages Of Justice: Let Journalists Speak To Prisoners – RightsInfo

’17 years ago, the highest court in the UK declared that a policy prohibiting journalists from interviewing prisoners to uncover potential miscarriages of justice violated the right to free expression.’

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RightsInfo, 8th July 2016

Source: www.rightsinfo.org

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Ellie Butler judge ‘took unwarranted steps’ to reunite her with violent parents – The Guardian

‘A senior judge in the family court took “unwarranted” extra steps in reuniting a man with a violent and criminal past with his young daughter 11 months before he beat her to death, the author of a serious case review has said.’

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The Guardian, 22nd June 2016

Source: www.guardian.co.uk

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Ben Butler guilty of murdering daughter Ellie – BBC News

‘A man has been found guilty of murdering his six-year-old daughter just 11 months after she was returned to his care following a custody battle’

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BBC News, 21st June 2016

Source: www.bbc.co.uk

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Appeal court to hear first ‘guilty by association’ test cases – The Guardia

Posted June 21st, 2016 in appeals, gangs, joint enterprise, miscarriage of justice, news by sally

‘The fate of hundreds of youths imprisoned under controversial “joint enterprise” laws could be decisively rewritten this month when the first test cases come before the criminal court of appeal.’

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The Guardian, 21st June 2016

Source: www.guardian.co.uk

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Police were within rights to investigate Cardiff Three officers, judge rules – The Guardian

Posted June 15th, 2016 in corruption, miscarriage of justice, murder, news, police by sally

‘Police detectives were within their rights to investigate colleagues involved in the notorious Cardiff Three miscarriage of justice murder case whom they suspected of framing the innocent men, a senior judge has ruled.’

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The Guardian, 14th June 2016

Source: www.guardian.co.uk

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Court rule changes ‘may drive innocent defendants into making guilty pleas’ – The Independent

‘Changes to court rules to encourage more defendants to plead guilty earlier may lead to more miscarriages of justice as well as increasing the prison population, MPs warn today.’

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The Independent, 14th June 2015

Source: www.independent.co.uk

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Rough justice – New Law Journal

Posted June 2nd, 2016 in criminal justice, miscarriage of justice, news by sally

‘The 25th anniversary of the release of the Birmingham Six serves as a powerful reminder of the fallibility of our justice system, says Jon Robins.’

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New Law Journal, 2nd June 2016

Source: www.newlawjournal.co.uk

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Birmingham pub bombings: coroner orders new inquests – The Guardian

Posted June 2nd, 2016 in explosives, inquests, Ireland, miscarriage of justice, news, police, terrorism by sally

‘An inquest into the Birmingham pub bombings, one of the worst terrorist attacks in British history, is to be reopened 42 years after they claimed the lives of 21 people.’

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The Guardian, 1st June 2016

Source: www.guardian.co.uk

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Two-thirds of ‘miscarriage’ referrals successful – Law Society’s Gazette

‘Two-thirds of cases referred to the Criminal Cases Review Commission (CCRC) for suspected miscarriages of justice have succeeded on appeal, the government has revealed.’

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Law Society’s Gazette, 6th May 2016

Source: www.lawgazette.co.uk

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Legal aid cuts have led to surge in DIY defence, says charity – The Guardian

‘Miscarriages of justice and long delays in the criminal justice system are becoming more common because a growing number of people are having to represent themselves in court, legal experts have warned.’
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The Guardian, 23rd April 2016

Source: www.guardian.co.uk

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Regina (Hallam) v Secretary of State for Justice; Regina (Nealon) v Same – WLR Daily

Posted April 20th, 2016 in compensation, judicial review, law reports, miscarriage of justice by sally

Regina (Hallam) v Secretary of State for Justice; Regina (Nealon) v Same [2016] EWCA Civ 355

‘Both claimants were convicted of serious criminal offences and had their initial appeals against conviction dismissed. In the first case the Criminal Cases Review Commission referred the claimant’s conviction for murder to the Court of Appeal (Criminal Division), which quashed it on the basis the safety of the conviction was undermined by the unsatisfactory nature of identification evidence and doubts as to whether the claimant’s alibi had been falsely made. In the second case the commission referred the claimant’s conviction for attempted rape to the Court of Appeal, which quashed it on the basis that the weakness of identification evidence and fresh DNA evidence taken from the victim’s clothing had had a substantial effect on the safety of the conviction. In both cases the Secretary of State refused the claimant compensation, under section 133 of the Criminal Justice Act 1988, as amended, on the basis that he had failed to show beyond reasonable doubt that the claimant had not committed the offence. The claimants’ claims for judicial review of the Secretary of State’s decisions, on the grounds that section 133(1ZA) of the 1988 Act (inserted by section 175 of the Anti-social Behaviour, Crime and Policing Act 2014 and providing that there has been a miscarriage of justice in relation to a person convicted of a criminal offence “if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence”) was incompatible with article 6.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms in that it infringed the presumption of innocence, were dismissed by the Divisional Court of the Queen’s Bench Division which held that (i) the court was bound by authority of the Supreme Court (and also of the Court of Appeal) to hold that article 6.2 of the Convention was not applicable to compensation decisions made under section 133 of the 1988 Act; and (ii) the statutory scheme under section 133 maintained the presumption of innocence, did not require the applicant for compensation to prove his innocence and that only if the Secretary of State was satisfied that the new fact conclusively showed his innocence was compensation to be paid. The court also refused the claimant in the second case permission to proceed with a claim for judicial review on the basis that the Secretary of State was obliged to carry out a full review of the material before him in a particular case to determine whether the claimant was innocent.’

WLR Daily, 11th April 2016

Source: www.iclr.co.uk

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The criminal review system is failing innocent prisoners – The Guardian

‘The Criminal Cases Review Commission was supposed to provide a safety net for those wrongly convicted, but it hasn’t shone a light on miscarriages of justice.’

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The Guardian, 19th April 2016

Source: www.guardian.co.uk

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New Independent Assessor of Compensation for Miscarriages of Justice – Ministry of Justice

Posted April 12th, 2016 in compensation, judges, miscarriage of justice, news by sally

‘Dame Linda Dobbs DBE, a former high court judge with 35 years of legal experience has been named the new Independent Assessor for Miscarriages of Justice.’

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Ministry of Justice, 8th April 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

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Sam Hallam and Victor Nealon denied compensation by Court of Appeal – BBC News

Posted April 12th, 2016 in appeals, compensation, DNA, evidence, miscarriage of justice, news by sally

‘Two men who served long sentences before their convictions were overturned have lost the latest round of their legal fight for compensation.’

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BBC News, 11th April 2016

Source: www.bbc.co.uk

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Manchester sex workers’ rights case collapses after five years – The Guardian

‘A court case that would have tested the right of sex workers to offer services together in brothels to protect themselves has collapsed after a police officer refused to give evidence.’

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The Guardian, 29th March 2016

Source: www.guardian.co.uk

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Ched Evans: Rape conviction ‘miscarriage of justice’ appeal heard by senior judges – Daily Telegraph

‘Footballer’s case referred to Court of Appeal in London by Criminal Cases Review Commission, which investigates possible miscarriages of justice.’

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Daily Telegraph, 22nd March 2016

Source: www.telegraph.co.uk

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New forensic science service planned – BBC News

‘A new forensic and biometrics service is planned by the Home Office, four years after it controversially abolished its predecessor.’

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BBC News, 12th March 2016

Source: www.bbc.co.uk

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Early guilty pleas: Justice for whom? – UK Human Rights Blog

‘New guidelines incentivising people accused of criminal offences in England and Wales to plead guilty as early as possible were proposed last week. While existing rules allow for a maximum one-third reduction in the sentence to those who plead guilty at the ‘first reasonable opportunity’, this benefit is now only available to those who plead guilty at their very first court hearing, with the available reduction falling on a steeper sliding scale thereafter.’

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UK Human Rights Blog, 15th February 2016

Source: www.ukhumanrightsblog.com

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