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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll