Menu
  • Home
  • About
  • Criminal Appeals
    • Appeal Grounds
      • Bad Character
      • Complaint Evidence
      • Good Character
      • Extension of Time
      • Fresh Evidence
      • Hearsay
      • Negligent Legal Team
      • The Indictment
      • Sexual History
    • Criminal Cases Review Commission
  • Historical Abuse Cases
    • Historical Care Home Cases
    • Historic Allegations – Facing interview at the Police Station
    • Historic Allegations – Charged with an offence next steps
    • Historic Allegations – The Journey to a Not Guilty Outcome
  • News
  • Prison Law
    • Parole Hearings
    • Pre Tariff Sifts
    • Adjudications
  • Caselaw
Menu

Miscarriage Compensation

Miscarriage Compensation

Justice for the Wrongfully Convicted

Miscarriage Compensation

Compensating the Wrongfully Convicted

This page is dedicated to ongoing concerns over the miscarriage compensation scheme and the Government amendments to the scheme which now make it virtually impossible for any claimant to achieve compensation. It will be regularly updated.

There is a long history to the ongoing legal challenges which have now been heard before 7 Justices at the Supreme Court on 9th and 10th May 2018. Judgment was given by the Supreme Court refusing the case.

The Judgment - https://www.bailii.org/uk/cases/UKSC/2019/2.html

The case is now in the European Court of Human Rights and is currently going through the friendly settlement stage. More information will be given about future hearings in Strasbourg soon.

The Scheme under which the Government is required to pay compensation has been through an ever restrictive approach and in recent years following the case of Ali and others, a new statutory test was imposed.

Previously the test effectively required a successful appellant to show that as a result of the newly discovered fact (which led to the successful appeal) no jury properly directed would convict.

The new test, now known as 1ZA, imposed that an applicant must show beyond reasonable doubt that as a result of the newly discovered fact, they did not commit the offence.

It would be apparent to any reader that this test effectively requires the person to prove their innocence and in almost every case it would be practicably impossible to do so.

The issues had been visited previously by the European Court who held that if a domestic scheme required a person to prove innocence, that would amount to an infringement of Article 6 (2). In the Case of Allen it found it did not but that was before the change in the law.

It is the current claimants cases Nealon (represented by QS Jordans) and Hallam (represented by Birnberg Peirce) that the scheme does infringe those rights.

As Mark Newby said:

"How we deal with those we have wrongfully convicted after their convictions are quashed says everything about the sort of society we are. It should be our obligation to compensate those whom we have wrong fully taken large parts of their lives away from."

Nealon is represented by Dinah Rose QC and Matt Stanbury

Hallam is represented by Heather Williams QC and Adam Straw

Useful Links for readers on this issue:

  • Supreme Court - https://www.supremecourt.uk/news/permission-to-appeal-decision-13-april-2017.html
  • Court of Appeal Judgment - http://www.bailii.org/ew/cases/EWCA/Civ/2016/355.html
  • Admin Court Judgment - http://www.bailii.org/ew/cases/EWHC/Admin/2015/1565.html
  • Adams Case (previous Supreme Court Judgment) - http://www.bailii.org/uk/cases/UKSC/2011/18.html
  • Allen Case (European Court) - http://hudoc.echr.coe.int/fre?i=001-122859#{%22itemid%22:[%22001-122859%22]}
  • Ali & Others (Only successful applicant was Lawless represented by QS Jordans) -http://www.bailii.org/ew/cases/EWHC/Admin/2013/72.html

News Media 

http://thejusticegap.com/2017/06/supreme-court-consider-inhumane-law-restricting-compensation-victims-miscarriages-justice/
http://thejusticegap.com/?s=sah+hallam&x=0&y=0&post_type=post
http://thejusticegap.com/2016/06/lack-compensation-victims-miscarriages-justice-nothing-short-scandal/
https://www.theguardian.com/commentisfree/2015/feb/23/britain-refusing-compensate-victims-miscarriage-justice
https://www.thetimes.co.uk/article/freed-prisoners-fight-law-that-denies-them-payouts-szdlhnfzs
https://www.theguardian.com/law/2018/may/08/miscarriage-of-justice-victims-unfairly-denied-compensation-court-told

Categories

  • Articles and Speeches
  • Caselaw
  • Criminal Appeals
  • Historical Abuse
  • Miscarriage
  • Miscarriage Compensation
  • News
  • Resources

Contributors

  • 1 MarkNewbyQSJ
    • R v Osment [2021] EWCA Crim 705
    • R V CH [2021] EWCA Crim 635 fresh evidence text messages quashing convictions
    • Justice join strasbourg fight to end nightmare of the wrongfully convicted
    • The Shrewsbury 24 Case Warren and Others [2021] EWCA Crim 413 – Destruction of evidence and the preservation of all digital records in the future to prevent future injustices
    • CRYSTAL HUNNISETT (formerly known as David Andrew Hunnisett [2021] EWCA Crim 265 – CCRC Referral Psychiatric Evidence was not fresh and was flawed
    • R. v Mohammed (Ahmed)[2021] EWCA Crim 201- CCRC Referral Fresh Evidence DNA Phone
    • R. v Sakin (Ilhan)R. v Gardrie (Muctarr)[2021] EWCA Crim 411 – Reopening a previous Appeal Decision – mistake
  • 1 sjsharp1309
    • The Criminal Purgatory – Release Under Investigation – is the end in sight?

Our Justice Tweets

My Tweets

Contributors

  • 1 MarkNewbyQSJ
    • R v Osment [2021] EWCA Crim 705
    • R V CH [2021] EWCA Crim 635 fresh evidence text messages quashing convictions
    • Justice join strasbourg fight to end nightmare of the wrongfully convicted
    • The Shrewsbury 24 Case Warren and Others [2021] EWCA Crim 413 – Destruction of evidence and the preservation of all digital records in the future to prevent future injustices
    • CRYSTAL HUNNISETT (formerly known as David Andrew Hunnisett [2021] EWCA Crim 265 – CCRC Referral Psychiatric Evidence was not fresh and was flawed
    • R. v Mohammed (Ahmed)[2021] EWCA Crim 201- CCRC Referral Fresh Evidence DNA Phone
    • R. v Sakin (Ilhan)R. v Gardrie (Muctarr)[2021] EWCA Crim 411 – Reopening a previous Appeal Decision – mistake
  • 1 sjsharp1309
    • The Criminal Purgatory – Release Under Investigation – is the end in sight?

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 1,525 other subscribers.

Blogroll

  • CCRC
  • F.A.C.T
  • Facebook Page
  • Innocence Network UK
  • QualitySolicitors Jordans Website

Social Media Links

  • Twitter
  • LinkedIn
  • Facebook

Contact

QS Jordans
4 Priory Place
Doncaster
DN1 1BP
01302 365374
info@jordansllp.com

Most Used Tag Posts

abe appeal appeals bad character Caselaw ccrc ccrc referral court of appeal Criminal Appeals criminal exploitation directions disclosure dna ECHtR expert evidence extension of time fairness fair trial False allegations featured fresh evidence guidance hallam hearsay Historical Abuse identification evidence indictment jury discharge justice loss of control mark newby Miscarriage miscarriage compensation mistakes murder nealon nullity nunn post conviction disclosure provocation sentence sexual abuse sheikh stay strasbourg substantial injustice unsafe victor nealon written directions wrongful convictions
@Crime Jottings imagined by Corewebs
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Cookie settingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT