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.’

Full story

The Guardian, 21st June 2016

Source: www.guardian.co.uk

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.’

Full story

The Guardian, 14th June 2016

Source: www.guardian.co.uk

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.’

Full story

The Independent, 14th June 2015

Source: www.independent.co.uk

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.’

Full story

New Law Journal, 2nd June 2016

Source: www.newlawjournal.co.uk

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.’

Full story

The Guardian, 1st June 2016

Source: www.guardian.co.uk

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.’

Full story

Law Society’s Gazette, 6th May 2016

Source: www.lawgazette.co.uk

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.’
Full story

The Guardian, 23rd April 2016

Source: www.guardian.co.uk

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

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.’

Full story

The Guardian, 19th April 2016

Source: www.guardian.co.uk

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.’

Full story

Ministry of Justice, 8th April 2016

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

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.’

Full story

BBC News, 11th April 2016

Source: www.bbc.co.uk

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.’

Full story

The Guardian, 29th March 2016

Source: www.guardian.co.uk

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.’

Full story

Daily Telegraph, 22nd March 2016

Source: www.telegraph.co.uk

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.’

Full story

BBC News, 12th March 2016

Source: www.bbc.co.uk

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.’

Full story

UK Human Rights Blog, 15th February 2016

Source: www.ukhumanrightsblog.com

Leveson Inquiry: Labour demands part two goes ahead – BBC News

Posted February 9th, 2016 in corruption, inquiries, media, miscarriage of justice, news, police by sally

‘The first part of the inquiry, in 2011-2012, examined press ethics, but hearings into ties between newspapers and the police were put on hold amid criminal inquiries over phone hacking.’

Full story

BBC News, 9th February 2016

Source: www.bbc.co.uk

Whistleblower judge: austerity policies have made courts dangerous – The Guardian

‘A district judge who is suing the Ministry of Justice after whistleblowing her complaints about courtroom dangers – death threats, violent claimants and hostage-taking – has spoken out for the first time about her experience of an under-resourced justice system.’

Full story

The Guardian, 23rd January 2016

Source: www.guardian.co.uk

Judge rejects disclosure of document on role of police spy in wrongful conviction – The Guardian

Posted December 18th, 2015 in disclosure, evidence, miscarriage of justice, news, police, prosecutions, public order, spying by tracey

‘A judge has refused to order the disclosure of an official document that would shed more light on how an undercover operation caused the wrongful conviction of an environmental campaigner.’

Full story

The Guardian, 17th December 2015

Source: www.guardian.co.uk

Hunting convictions thrown into doubt after court case collapses – Daily Telegraph

‘The neutrality of Professor Stephen Harris, one of the UK’s leading authorities on foxes, has been called into question.’

Full story

Daily Telegraph, 4th December 2015

Source: www.telegraph.co.uk

Double miscarriage-of-justice victim Martin Foran in payout fight – BBC News

Posted October 15th, 2015 in appeals, compensation, miscarriage of justice, news by sally

‘A terminally-ill cancer patient who was jailed for two robberies he did not commit is fighting for compensation a year after he was exonerated.’

Full story

BBC News, 15th October 2015

Source: www.bbc.co.uk