header-logo header-logo

Lost years

20 April 2007 / Peter Ferguson KC
Issue: 7263 / Categories: Features , Public , Human rights
printer mail-detail

Is the compensation scheme for unlawful imprisonment unjust? Peter Ferguson reports

The decision of the House of Lords in R (O’Brien) v Independent Assessor [2007] UKHL 10, [2007] All ER (D) 239 (Mar) will be of importance not only to people who have an existing claim for compensation under the Criminal Justice Act 1988 (CJA 1988), s 133 but also for those whose claims had been accepted, by 19 April 2006, for an ex gratia payment. It is open to speculation whether the majority’s conclusions may have been influenced by the recent government policy change.

In a ministerial statement in April 2006 the Home Secretary announced, with immediate effect, the abolition of the discretionary scheme and the independent assessor’s new approach of discounting under CJA 1988, s 133(4A) at a higher rate any non-pecuniary awards to reflect the claimant’s previous record and conduct leading to his wrongful imprisonment. The government also proposed legislating to allow reduction in the total award—in exceptional cases, even to nil—to reflect prior record and bad conduct; to cap individual

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

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll