header-logo header-logo

Guilty until proven innocent?

25 February 2022 / Alec Samuels
Issue: 7968 / Categories: Features , Procedure & practice , Criminal
printer mail-detail
Alec Samuels explores justice & compensation for the quashed imprisoned

In brief

  • The effects on the claimant in R (Hallam).
  • The role of the Human Rights Act in miscarriages of justice.

R (Hallam) v Secretary of State for Justice [2019] UKSC 2, [2020] AC 279: the appellant was suspected, charged, prosecuted, tried, convicted and imprisoned. He had pleaded not guilty. He submitted his case to the Criminal Cases Review Commission (CCRC), who referred the case to the Court of Appeal, who subsequently allowed the appeal. The conviction was unsafe. He was acquitted. He was released from prison after 17 (sic) years. He was not retried. The police did not say that they were not looking for anybody else. He applied for compensation. He was refused. The impact upon the claimant was horrific: irretrievable loss of 17 years of life, loss of reputation, loss of job, loss of marriage, loss of home.

Compensation for Miscarriages of Justice, Criminal Justice Act 1988 as amended:

S 133(1) ‘…when a person has been convicted

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
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 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
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll