header-logo header-logo

25 February 2022 / Alec Samuels
Issue: 7968 / Categories: Features , Procedure & practice , Criminal
printer mail-detail

Guilty until proven innocent?

Alec Samuels explores justice & compensation for the quashed imprisoned

In brief

  • The effects on the claimant in R (Hallam).
  • The role of the Human Rights Act in miscarriages of justice.

R (Hallam) v Secretary of State for Justice [2019] UKSC 2, [2020] AC 279: the appellant was suspected, charged, prosecuted, tried, convicted and imprisoned. He had pleaded not guilty. He submitted his case to the Criminal Cases Review Commission (CCRC), who referred the case to the Court of Appeal, who subsequently allowed the appeal. The conviction was unsafe. He was acquitted. He was released from prison after 17 (sic) years. He was not retried. The police did not say that they were not looking for anybody else. He applied for compensation. He was refused. The impact upon the claimant was horrific: irretrievable loss of 17 years of life, loss of reputation, loss of job, loss of marriage, loss of home.

Compensation for Miscarriages of Justice, Criminal Justice Act 1988 as amended:

S 133(1) ‘…when a person has been convicted

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll