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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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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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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