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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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