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14 February 2025 / Dr Jon Robins
Issue: 8104 / Categories: Opinion , Criminal , Rule of law , Health , National Health Service , Expert Witness
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A system in crisis?

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Is our criminal appeals system any more prepared to recognise an injustice than it was back in the ‘bad old days’? Jon Robins reports

It has been 25 years since the publication of Richard Nobles and David Schiff’s Understanding Miscarriages of Justice (2000) exploring ‘the pattern of repeated crisis and reform’ in our justice system. A one-day conference is being organised in May at Queen Mary University, London to mark the anniversary. Nobles and Schiff drew on analysis of media coverage of miscarriages over a ten-year period starting in 1987 as wrongful convictions unraveled. Scandals dominated headlines, fired up public outrage, and led to reforms to fix a broken justice system. 

The criminal justice system was self-evidently ‘in crisis’; but, Nobles and Schiff argued, was it? Putting to one side the book’s intimidating theoretical moorings (autopoietic systems theory, anyone?), the authors blamed journalists for their overheated coverage of miscarriages contributing to ‘episodic perceptions’ that our justice system was in crisis. They posited a miscarriage of justice ‘cycle’:

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Womble Bond Dickinson—Paula Myers

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NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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