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02 February 2024 / Michael Zander KC
Issue: 8057 / Categories: Features , Profession , Criminal
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Zander’s reflections: 2 February 2024

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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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A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
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