Compensation for 'Miscarriage of Justice

摘要

Section 133 of the Criminal Justice Act 1988 provides for compensation by the Secretary of State of those whose convictions have been quashed in a narrow set of circumstances: on appeals out of time or on a reference by the Criminal Cases Review Commission (CRCC), when a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice. The previous leading case of R (on the application of Mullen) v Secretary of State [2004] UKHL 18 presented differing views as to whether applicants had to establish factual innocence to warrant compensation under the scheme, with Lord Steyn finding that they did and Lord Bingham indicating that miscarriage of justice is a somewhat wider concept. The recent judgment in the conjoined appeals of the present case required the Supreme Court to address this perceived conflict and clarify the meaning of miscarriage of justice under the statute.