24 July 2008
R (on the application of Allen, formerly Harris) v Secretary of State for Justice [2008] EWCA Civ 808, [2008] All ER (D) 197 (Jul)
The common case in which a conviction is quashed because there exists some doubt about its safety is excluded from the definition of “miscarriage of justice” for the purposes of s 133 of the Criminal Justice Act 1988. The right to compensation under s 133 arises only in cases where an appeal succeeds on the basis of a new or newly discovered fact, and where the miscarriage of justice is established by such new fact “conclusively” or “beyond reasonable doubt”.
