ANALYSIS: It might be assumed watching an appellant being released from the Court of Appeal that he or she will be compensated by the state for being wrongfully convicted and for all the time they have served in prison, writes Mark Newby. That expectation is invariably not met at all and under the current Ministry of Justice scheme only one award has been made since its inception.
As a result the courts have been exercised for some time in considering when and in what circumstances a person should be compensated and this recently came to a head when on 19th October Irwin J and Beatson J reserved judgment following a three-day hearing on the future of miscarriage of justice compensation payments. The hearings proved to be a rigorously fought battle over when and in what circumstances the Secretary of State for Justice was compelled to award compensation.
This article deals with the arguments that arose in the cases of George, Lawless, Tunbridge, Dennis and Ali – the test cases selected.
The second article will deal with the decision of the court when issued and the implications for the future of those wrongfully convicted.
You can download Wrongly Accused: who is responsible for investigating miscarriages of justice? (published as part of the JusticeGap series) HERE.
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