The claimant sought judicial review of a decision of the Home Secretary, to refuse his application for compensation. He had first been convicted and imprisoned and then had his conviction quashed. The respondent did not think that the conviction was quashed for some new fact discovered demonstrating innocence. The claimant victim had been shown later to have lied repeatedly on related matters and to the extent that her evidence was unreliable.
Held: The appeal failed. The claimant had not brought the case within the necessary conditions for a miscarriage of justice.
Judges:
Lord Phillips of Worth Matravers CJ
Citations:
[2007] EWHC 1855 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Makanjuola CACD 17-May-1995
Guidance was given on the directions to be given to the jury where a co-accused speaks for prosecution as a witness and in sexual assault cases. The full corroboration warning is not now needed; the Judge may use his own discretion, and may give a . .
Cited – Regina (Murphy) v Secretary of State for the Home Department; Regina (Brannan) v Same Admn 10-Feb-2005
The appellants sought compensation for their imprisonment having been (Mr Brannan’s father) wrongly convicted. They sought to bring in new evidence. The first appellant and the second appellant’s father had been convicted of murder. The second . .
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
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 . .
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. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Damages
Updated: 18 July 2022; Ref: scu.271164