The claimant appealed against refusal of a review of the defendant to allow her compensation after her conviction for manslaughter of her infant son was quashed.
Held: The conviction had been based on flawed expert evidence.
Article 6(2) had no application to section 133.
Hughes LJ
[2008] EWCA Civ 808, [2009] 1 Cr App R 2, [2009] 2 All ER 1, [2008] ACD 85
Bailii
Criminal Justice Act 1988 133, European Convention on Human Rights 6(2)
England and Wales
Citing:
Appeal from – Harris, Regina (on the Application of) v Secretary of State for the Home Department Admn 10-Dec-2007
The court considered an application for compensation by a former prisoner whose conviction had been overturned. . .
Cited by:
Cited – Siddall, Regina (on the Application of) v Secretary of State for Justice Admn 16-Mar-2009
The claimant had been imprisoned then released after his conviction for sexual assaults. He appealed against rejection of his claim for compensation. The criterion for compensation was demonstrating that something had ‘gone seriously wrong in the . .
Cited – Adams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
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. . .
Cited – Hallam, Regina (on The Application of) v Secretary of State for Justice SC 30-Jan-2019
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 . .
Lists of cited by and citing cases may be incomplete.
Damages, Criminal Practice, Human Rights
Updated: 31 December 2021; Ref: scu.270836