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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
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
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