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15 September 2023 / Dr Jon Robins
Issue: 8040 / Categories: Opinion , Profession , Criminal
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Compensating the innocent: insult to injury?

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Behind the wrongful conviction of Andrew Malkinson lies an even greater scandal, as Jon Robins reveals

The tendency on the part of the media when reporting a miscarriage of justice is to dismiss it ‘as a shocking one-off aberration—a minor hiccup in a system that otherwise functions in an exemplary fashion’. That was a theme of my 2018 book Guilty Until Proven Innocent (Biteback Publishing) in which I looked at 11 cases of serious injustice over the previous 20 years which prompted little (if any) press reflection on ‘system’ issues.

The coverage of the acquittal of Andrew Malkinson (pictured) and the subsequent shocking revelations over the summer is a notable exception. So far, the furore has prompted two inquiries—one instigated by the miscarriage of justice watchdog itself, and one launched by the Lord Chancellor Alex Chalk—as well as huge press interest in our dysfunctional system of criminal appeals (itself the subject of an ongoing Law Commission review). This is the first of two articles exploring the fallout of

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NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
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Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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