header-logo header-logo

Compensation test too high

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

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll