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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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