header-logo header-logo

10 May 2018
Issue: 7792 / Categories: Legal News , Damages , Criminal
printer mail-detail

Compensation test too high

Current regime provides little redress for victims of miscarriages of justice

The Supreme Court has heard arguments on the threshold for compensation in a high-profile case that could change the way victims of wrongful conviction are treated.

Both Sam Hallam, who served seven years for murder, and Victor Nealon, who served 17 years for attempted rape, were convicted of crimes they did not commit. Neither of them received compensation.

Their appeal, in R (on the applications of Nealon & Hallam) v Secretary of State for Justice, centres on the s 133, Criminal Justice Act 1998 test that an applicant for compensation has had their conviction quashed because ‘a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice’. Their lawyers argue that the test is incompatible with the presumption of innocence in Art 6(2) of the European Convention on Human Rights.

Both men’s claims for compensation were rejected by the Secretary of State because they failed to meet the test.

Civil rights group Justice, which is intervening in the case, says the test is so high that only six applications have been successful in the past six years. It has provided evidence that the current statutory compensation regime is inadequate, arguing that the current regime has reduced the redress for wrongful conviction to virtually nothing.

Last month, Justice exposed the lack of support available once exonerees are freed, in its report, Supporting exonerees: Ensuring accessible, consistent and continuing support. It makes the point that, while much of the focus is on securing freedom, the aftermath of a miscarriage of justice can be mentally and financially gruelling for the individual involved.

Mobile phone evidence showed Hallam had not been at the scene of a gang fight while, in Nealon’s case, fresh DNA evidence revealed someone else had been the attacker. Nealon could have been freed ten years earlier but was refused parole because he refused to say he was guilty.

Writing in NLJ this week, Jon Robins, NLJ columnist and author of Guilty Until Proven Innocent, says: ‘When a miscarriage of justice case hits the headlines, it is easy to dismiss it as a shocking one-off aberration—a minor hiccup in a system that otherwise functions in a satisfactory fashion’.

Issue: 7792 / Categories: Legal News , Damages , Criminal
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
back-to-top-scroll