Nov
16
Miscarriages of justice are generally defined as a person being wrongly convicted of a crime. If a person is convicted and imprisoned they can usually appeal their case. If after appeal their conviction is shown to be unsound, the judge hearing the appeal can set aside or ‘quash’ the conviction setting the person free. Under English law anyone that has their conviction quashed has the right to make a claim for compensation.
The public has over recent years become concerned about the number of cases that have been quashed after appeal. One case that still resonates in the UK is that of the Birmingham Six, who were found guilty in 1975 for the Birmingham pub bombings, only to have their sentences quashed on appeal and declared unsafe by the Court of Appeal in 1991.
More worryingly have been cases where people have died in prison with their families later discovering that they were wrongfully convicted and having their sentences quashed posthumously. Miscarriages of justice are still hotly debated as the friends and family of convicted people often need to campaign for several years to get their case heard on appeal.
In the 1990s the activities of the discredited West Midlands Serious Crime Squad, which was found to be fabricating evidence in order to obtain high numbers of convictions, did little to show the public that miscarriages of justice were few and far between. In an attempt to restore public confidence in the judiciary the Criminal Cases Review Commission was set up specifically to investigate potential miscarriages of justice. And because of the differences in the legal systems between Scotland and the rest of the UK the Scottish Criminal Cases Review Commission was established in 1999.
To further improve the system, the creation of the UK’s first Supreme Court took place in October 2009. The Supreme Court will hear specific cases that have been given permission to be reviewed, and due to the fact that the Supreme Court can rule on the legality of the conviction under investigation miscarriages of justice that have taken place should now be more quickly resolved.
By: Ben Letham
About the Author:
Ben Letham works for Contact Law, the UK’s foremost legal brokerage company – finding the right solicitors or barristers for your needs.
