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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll