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Zander’s reflections: 2 February 2024

02 February 2024 / Michael Zander KC
Issue: 8057 / Categories: Features , Profession , Criminal
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Michael Zander KC on why the correction of miscarriages of justice is so slow…

Looking a few days ago among my papers, I happened upon something that echoes the story captured so powerfully by ITV’s Mr Bates vs The Post Office.

In April 1992, as a member of the Royal Commission on Criminal Justice, I sent the chairman, Lord Runciman, an eight-page memo asking that it be circulated to fellow commission members. The memo was entitled ‘Re Miscarriages of Justice’. It raised half-a-dozen different issues, starting with ‘CPS HQ “sitting on” information relevant to a miscarriage of justice’ and ‘C3 of the Home Office are also prone to excessive delay’.

Home Office Guidance to Chief Officers on Police and Discipline Procedures stated that when an investigation brought to light material suggesting that a prosecution was unsafe or unfounded, ‘the chief officer should immediately draw the relevant material to the attention of the Crown Prosecution Service (Headquarters)’ (para 4.29).

If something has to be reported immediately to

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NEWS
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The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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