miscarriage of justice – Page 2 – Current Awareness

The Post Office Horizon scandal and the role of prosecutors – Mills & Reeve

Posted June 28th, 2024 in chambers articles, computer programs, miscarriage of justice, news, postal service, prosecutions, theft by sally

‘Largely thanks to the prime-time ITV dramatization, the Post Office Horizon scandal has brought to light the serious shortcomings in the way the Post Office handled the private prosecution of sub-postmasters. Whilst this has shocked the nation, unfortunately the actions of the Post Office in its role as prosecutor comes as no surprise for those with experience of public prosecutors.’

Mills & Reeve, 26th June 2024

Source: www.mills-reeve.com

Clash Averted: Nealon and Hallam v United Kingdom and the Presumption of Innocence – Constitutional Law Association

Posted June 17th, 2024 in appeals, attempts, compensation, constitutional law, criminal justice, human rights, miscarriage of justice, murder, news, rape, Supreme Court by tracey

‘On 11 June 2024, the Grand Chamber of the European Court of Human Rights handed down its judgment in Nealon and Hallam v United Kingdom. The case is important for two reasons: firstly, because it provides a long-awaited clarification of the law relating to the presumption of innocence under Article 6 of the Convention; secondly, because it allows Strasbourg to perform a “return shot” after UK courts were very hostile to its earlier judgments on this issue.’

Constitutional Law Association, 13th June 2024

Source: ukconstitutionallaw.org

UK system for wrongful conviction payouts is lawful, European court rules – The Guardian

Posted June 12th, 2024 in compensation, government departments, human rights, mental health, miscarriage of justice, news by sally

‘Most victims of miscarriages of justice will still be denied compensation in Britain after the European court of human rights ruled the government’s test for payouts was lawful.’

The Guardian, 11th June 2024

Source: www.theguardian.com

Stephen Tierney: The Post Office (Horizon System) Offences Act 2024: Necessary remedy or unwarranted interference with judicial independence? – UK Constitutional Law Association

Posted June 10th, 2024 in bills, computer programs, constitutional law, courts, criminal justice, fraud, judiciary, miscarriage of justice, news, parliament, postal service by tracey

‘For the first time, by way of the Post Office (Horizon System) Offences Act (“the Act”), Parliament has legislated to quash criminal convictions. In this post I will argue that, no matter how understandable, indeed laudable, the intention behind this legislation, in its haste to offer a speedy and comprehensive correction to mass injustice, Parliament has crossed a constitutional line and ventured into territory that is properly the preserve of the courts.’

UK Constitutional Law Association , 3rd June 2024

Source: ukconstitutionallaw.org

What laws can the Conservative government pass before the general election? – The Independent

Posted May 24th, 2024 in bills, blood products, compensation, consumer protection, criminal justice, elections, government departments, miscarriage of justice, news, parliament, political parties, postal service, smoking, terrorism, victims by sally

‘The Conservatives and Labour have held talks to work out what outstanding legislation can be rushed through parliament to become law before the Commons closes for the general election.’

The Independent, 23rd May 2024

Source: www.independent.co.uk

End majority jury verdicts to prevent more justice ‘horror’, says Malkinson – The Guardian

Posted May 10th, 2024 in appeals, Criminal Cases Review Commission, criminal justice, forensic science, imprisonment, juries, miscarriage of justice, news, rape, sentencing, sexual offences, trials by sally

‘Andrew Malkinson says he could have been spared “20 years of darkness and despair” if the jury system had not been changed to allow majority verdicts.’

The Guardian, 9th May 2024

Source: www.theguardian.com

Majority verdicts facilitated 56 miscarriages of justice in England and Wales, charity says – The Guardian

Posted May 7th, 2024 in juries, miscarriage of justice, news by tracey

‘At least 56 miscarriages of justice have occurred in cases in England and Wales where the jury was split, according to a charity, which says jury unanimity should be reintroduced to safeguard against wrongful criminal convictions.’

The Guardian, 7th May 2024

Source: www.theguardian.com

Trawl for unsafe criminal convictions in UK being done by interns – The Guardian

Posted May 2nd, 2024 in casual workers, Criminal Cases Review Commission, forensic science, miscarriage of justice, news by sally

‘Interns have been given the job of weeding out potential wrongful convictions for rape and murder in a major case review prompted by Andrew Malkinson’s exoneration, the Guardian can reveal.’

The Guardian, 2nd May 2024

Source: www.theguardian.com

Martin Myers tried and failed to steal a cigarette. Why has he spent 18 years in prison for it? – The Guardian

Posted May 1st, 2024 in attempts, criminal justice, imprisonment, mental health, miscarriage of justice, news, robbery, sentencing by sally

‘A devoted father with a zest for life, he was given an indeterminate sentence in 2006. He is still locked up – and losing hope that he will ever be released.’

The Guardian, 1st May 2024

Source: www.theguardian.com

Edith Thompson: CCRC told to revisit hanged woman’s pardon case – BBC News

Posted April 29th, 2024 in Criminal Cases Review Commission, death penalty, judicial review, married persons, Ministry of Justice, miscarriage of justice, murder, news, pardons by tracey

‘A panel has been told to re-examine the case of a woman hanged for the murder of her husband, two months after it rejected a bid for her to be pardoned.’

BBC News, 27th April 2024

Source: www.bbc.co.uk

The Post Office: Disclosure Lessons from a National Scandal – Guildhall Chambers

Posted April 24th, 2024 in appeals, chambers articles, compensation, computer programs, damages, disclosure, fraud, miscarriage of justice, news, postal service, prosecutions, theft by sally

‘An estimated 736 people were prosecuted by the Post Office between 2000 and 2014, Horizon software having been first introduced in 1999, and responsibility for prosecutions, in all but exceptional cases, being handed over to the Crown Prosecution Service in 2014. Many of those prosecuted were imprisoned, 4 committed suicide and all faced the stigma and stress of criminal prosecution. The Court of Appeal in Hamilton v Post Office Limited [2021] EWCA Crim 577 quashed 39 convictions (of the 42 appellants) on the basis that there had been an abuse of process on two grounds: that a fair trial was impossible and that it was an affront to public conscience for the appellants to have faced prosecution. This judgment followed the Post Office Group Litigation in the High Court before Fraser J known as Bates and Others v The Post Office Limited [2019] EWHC 3408.’

Guildhall Chambers, 11th March 2024

Source: www.guildhallchambers.co.uk

Armagh: Man’s convictions for murder of soldiers quashed – BBC News

Posted April 23rd, 2024 in appeals, armed forces, miscarriage of justice, murder, news, Northern Ireland by sally

‘A man jailed for life for the murder of four British soldiers nearly 50 years ago has had his convictions quashed by Northern Ireland’s Court of Appeal.’

BBC News, 22nd April 2024

Source: www.bbc.co.uk

Failure to address ‘ludicrous’ injustice of indefinite jail terms is ‘political cowardice’, peer warns – The Independent

Posted April 22nd, 2024 in bills, criminal justice, imprisonment, Ministry of Justice, miscarriage of justice, news, sentencing by sally

‘MPs have been accused of “political cowardice” for failing to back the resentencing of thousands of prisoners trapped under abolished indefinite jail terms.’

The Independent, 20th April 2024

Source: www.independent.co.uk

Criminal Cases Review Commission apologises to Andrew Malkinson for handling of case – The Guardian

Posted April 19th, 2024 in appeals, Criminal Cases Review Commission, DNA, forensic science, imprisonment, miscarriage of justice, news, rape, sexual offences by sally

‘The chair of the Criminal Cases Review Commission has offered an “unreserved apology” to Andrew Malkinson for its handling of his case after he spent 17 years in prison for a rape he did not commit.’

The Guardian, 18th April 2024

Source: www.theguardian.com

Brighton: Police apology over 1986 schoolgirls murder case – BBC News

Posted April 19th, 2024 in children, complaints, Crown Prosecution Service, DNA, double jeopardy, families, forensic science, imprisonment, miscarriage of justice, murder, news, police, sentencing by sally

‘The families of two schoolgirls murdered in 1986 have received an apology from Sussex Police over mistakes in its investigations.’

BBC News, 18th April 2024

Source: www.bbc.co.uk

Post office operator wrongly jailed while pregnant rejects executive’s apology – The Guardian

Posted April 12th, 2024 in appeals, computer programs, electronic mail, fraud, imprisonment, miscarriage of justice, news, postal service, pregnancy, sentencing, theft, women by sally

‘A post office operator who was wrongly prosecuted while pregnant has rejected a Post Office executive’s apology for having sent an email celebrating her conviction as “brilliant news”.’

The Guardian, 11th April 2024

Source: www.theguardian.com

Carers scandal: why are so many being prosecuted by the UK government? – The Guardian

Posted April 12th, 2024 in benefits, carers, disabled persons, families, fraud, government departments, miscarriage of justice, news, podcasts by sally

‘George Henderson was convicted of fraud and had to repay £19,500 in carer’s allowance years after ticking the wrong box on the form. He is not alone. The Guardian society editor, Patrick Butler, looks at why thousands are facing prosecution over innocent mistakes.’

The Guardian, 12th April 2024

Source: www.theguardian.com

Carer convicted over benefit error worth 30p a week fights to clear his name – The Guardian

Posted April 12th, 2024 in benefits, carers, disabled persons, families, fraud, government departments, miscarriage of justice, news by sally

‘A carer who says he was “dragged through the courts” and had to sell his home to pay back almost £20,000 in benefit overpayments is fighting to clear his name after the Department for Work and Pensions (DWP) acknowledged he made an innocent mistake.’

The Guardian, 12th April 2024

Source: www.theguardian.com

Victims given greater access to justice through legal aid reform – Ministry of Justice

Posted March 18th, 2024 in compensation, delay, legal aid, Ministry of Justice, miscarriage of justice, news, victims by tracey

‘Innocent people who have suffered miscarriages of justice, personal harm or injury are among those who will benefit from upcoming changes to legal aid means testing coming into effect this year.’

Ministry of Justice, 14th March 2024

Source: www.gov.uk

Jailed bankers appeal against interest rate ‘rigging’ convictions – BBC News

Posted March 15th, 2024 in appeals, banking, Criminal Cases Review Commission, interest, miscarriage of justice, news, rates, Serious Fraud Office by sally

‘Two former bankers jailed for rigging interest rates are appealing against their convictions after an eight-year battle to clear their names.’

BBC News, 14th March 2024

Source: www.bbc.co.uk

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