header-logo header-logo

10 May 2018
Issue: 7792 / Categories: Legal News , Damages , Criminal
printer mail-detail

Compensation test too high

Current regime provides little redress for victims of miscarriages of justice

The Supreme Court has heard arguments on the threshold for compensation in a high-profile case that could change the way victims of wrongful conviction are treated.

Both Sam Hallam, who served seven years for murder, and Victor Nealon, who served 17 years for attempted rape, were convicted of crimes they did not commit. Neither of them received compensation.

Their appeal, in R (on the applications of Nealon & Hallam) v Secretary of State for Justice, centres on the s 133, Criminal Justice Act 1998 test that an applicant for compensation has had their conviction quashed because ‘a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice’. Their lawyers argue that the test is incompatible with the presumption of innocence in Art 6(2) of the European Convention on Human Rights.

Both men’s claims for compensation were rejected by the Secretary of State because they failed to meet the test.

Civil rights group Justice, which is intervening in the case, says the test is so high that only six applications have been successful in the past six years. It has provided evidence that the current statutory compensation regime is inadequate, arguing that the current regime has reduced the redress for wrongful conviction to virtually nothing.

Last month, Justice exposed the lack of support available once exonerees are freed, in its report, Supporting exonerees: Ensuring accessible, consistent and continuing support. It makes the point that, while much of the focus is on securing freedom, the aftermath of a miscarriage of justice can be mentally and financially gruelling for the individual involved.

Mobile phone evidence showed Hallam had not been at the scene of a gang fight while, in Nealon’s case, fresh DNA evidence revealed someone else had been the attacker. Nealon could have been freed ten years earlier but was refused parole because he refused to say he was guilty.

Writing in NLJ this week, Jon Robins, NLJ columnist and author of Guilty Until Proven Innocent, says: ‘When a miscarriage of justice case hits the headlines, it is easy to dismiss it as a shocking one-off aberration—a minor hiccup in a system that otherwise functions in a satisfactory fashion’.

Issue: 7792 / Categories: Legal News , Damages , Criminal
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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
back-to-top-scroll