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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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