19 May 2011
R (on the application of Adams)(FC) v Secretary of State for Justice [2011] UKSC 18, [2011] All ER (D) 87 (May)
The test for miscarriage of justice in s 133 of the Criminal Justice Act 1988 was that a new or newly disclosed fact would show that a miscarriage of justice had occurred when it so undermined the evidence against the defendant that no conviction could possibly be based upon it. That was a matter to which the test of satisfaction beyond reasonable doubt could readily be applied. Section 133 did not impose a requirement to prove innocence.
