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

Cardiff Three: ex-officers sue South Wales police over miscarriage of justice saga – The Guardian

Posted October 13th, 2015 in miscarriage of justice, news, police, Wales by tracey

‘Eight former police officers involved in the Cardiff Three miscarriage of justice murder case have cast doubt on the freed men’s innocence as they sue their own force over the saga.’

Full story

The Guardian, 12th October 2015

Source: www.guardian.co.uk

Home Secretary announces terms of reference for undercover policing inquiry – Home Office

‘Theresa May also establishes miscarriages of justice panel to sit alongside inquiry following Mark Ellison’s review.’

Full Press release

Home Office, 16th July 2015

Source: www.gov.uk/home-office

Undercover police practices ‘could have led to unsafe convictions’ – BBC News

Posted July 17th, 2015 in demonstrations, miscarriage of justice, news, police, spying by tracey

‘More than 80 activists who were investigated by undercover officers could have been victims of miscarriages of justice, a report has concluded.’

Full story

BBC News, 16th July 2015

Source: www.bbc.co.uk

Review of possible miscarriages of justice – Attorney General’s Office

‘Mark Ellison QC and Alison Morgan’s review on the impact of undisclosed undercover police activity on the safety of convictions.’

Full review

Attorney General’s Office, 16th July 2015

Source: www.gov.uk/ago

Body in carpet murder: Court appeal to be heard in 2016 – BBC News

‘An appeal against the conviction of two men for the “body in a carpet” killing of a teenage girl more than two decades ago will be heard next year.’

Full story

BBC News, 15th July 2015

Source: www.bbc.co.uk

Gove announces review of Legal Services Act – Legal Futures

‘There will a review of the Legal Services Act 2007 during this Parliament, the Lord Chancellor Michael Gove announced today.’

Full story

Legal Futures, 15th July 2015

Source: www.legalfutures.co.uk

UK courts are bound by UK rulings, not Strasbourg decisions, says Admin Court – Leanne Woods – UK Human Rights Blog

Posted June 19th, 2015 in compensation, human rights, miscarriage of justice, news by tracey

‘R (Victor Nealon) v Secretary of State for Justice : R (Sam Hallam) v Secretary of State for Justice [2015] EWHC 1565 (Admin), 8 June 2015. As Michael Gove contemplates the future of the Human Rights Act 1998, the High Court has considered how far the presumption of innocence in Article 6(2) ECHR spreads into decisions on payment of compensation for a miscarriage of justice. In doing so, Burnett LJ also managed to find some less than complimentary sentiments about the Strasbourg court’s decision-making.’

Full story

UK HUamn Rights Blog, 19th June 2015

Source: www.ukhumanrightsblog.com