The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between counsel and the judge. His case had been overturned because he had been warned to expect a sentence … Continue reading In re McFarland: HL 29 Apr 2004
The applicant had been convicted in 1990 of conspiracy to cause explosions. He had been arrested by means of an unlawful eviction from Zimbabwe, and his appeal had been successful after ten years in prison. He now appealed against a refusal to award him compensation for his imprisonment, and said that the provision of ex … Continue reading Regina (on the Application of Mullen) v The Secretary of State for the Home Department: QBD 21 Feb 2002
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a prisoner also wrongly accused of the same crime, in the percentage deduction made for their … Continue reading O’Brien and others v Independent Assessor: HL 14 Mar 2007
These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of … Continue reading Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely serious failure to adhere to the rule of law with regard to the … Continue reading Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. Held: The appeal of Adams was denied, but those of MacDermott and McCartney allowed (by majority). The … Continue reading Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011