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14 February 2025 / Dr Jon Robins
Issue: 8104 / Categories: Opinion , Criminal , Rule of law , Health , National Health Service , Expert Witness
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A system in crisis?

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Is our criminal appeals system any more prepared to recognise an injustice than it was back in the ‘bad old days’? Jon Robins reports

It has been 25 years since the publication of Richard Nobles and David Schiff’s Understanding Miscarriages of Justice (2000) exploring ‘the pattern of repeated crisis and reform’ in our justice system. A one-day conference is being organised in May at Queen Mary University, London to mark the anniversary. Nobles and Schiff drew on analysis of media coverage of miscarriages over a ten-year period starting in 1987 as wrongful convictions unraveled. Scandals dominated headlines, fired up public outrage, and led to reforms to fix a broken justice system. 

The criminal justice system was self-evidently ‘in crisis’; but, Nobles and Schiff argued, was it? Putting to one side the book’s intimidating theoretical moorings (autopoietic systems theory, anyone?), the authors blamed journalists for their overheated coverage of miscarriages contributing to ‘episodic perceptions’ that our justice system was in crisis. They posited a miscarriage of justice ‘cycle’: sensationalistic and legally illiterate media coverage stoking up public disquiet,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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