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 appeal was after the police finally revealed evidence supporting the defendants’ defence that the victim had been armed.
Held: New evidence supported what could properly be described as a new fact could support a claim even if it related to a matter which had been in issue at the trial. However the claim was based upon non-disclosure. That was a matter of a fact not a mater of evidence. The covenant upon from which the section was drawn referred only to facts emerging after the ordinary appellate jurisdiction had been exhausted. A fact disclosed before an appeal within the normal time limit could not generate a claim. The fact must also be more than a contributing factor, it must be the principal if not only reason for the conviction being quashed.
Judges:
Richards, Pitchford JJ
Citations:
Times 28-Feb-2005, [2005] EWHC 140 (Admin), [2005] 2 All ER 763, [2005] 1 WLR 3516
Links:
Statutes:
Criminal Justice Act 1988 133(1), International Covenant on Civil and Political Rights 1966
Jurisdiction:
England and Wales
Cited by:
Cited – Clibery, Regina (on the Application of) v Secretary of State for the Home Department Admn 30-Jul-2007
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 . .
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.
Damages, Criminal Practice
Updated: 30 May 2022; Ref: scu.223478