The applicant had been unlawfully taken from Zimbabwe, then tried and sentenced in the UK. His conviction was set aside as unsafe, but he had been refused damages. He appealed.
Held: There was no substantial criticism of the trial itself, but the procedure under which he had been taken amounted to an abuse of process. The phrase ‘miscarriage of justice’ was wide enough to include acts of abuse, and therefore it was appropriate to compensate the applicant. Had Parliament wanted to displace the presumption of innocence, it would have needed to have said so.
Schiemann, Rix, Pumfrey LJJ
Times 31-Dec-2002, Gazette 13-Mar-2003, [2002] EWCA Civ 1882, [2003] QB 993, [2003] 2 WLR 835, [2003] QB 993, [2003] 1 All ER 613
Bailii
Criminal Justice Act 1988 133
England and Wales
Citing:
Appeal from – Regina (on the Application of Mullen) v The Secretary of State for the Home Department QBD 21-Feb-2002
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 . .
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Cited – Regina v Latif; Regina v Shahzad HL 23-Jan-1996
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process.
Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an . .
Cited by:
Appealed to – Regina (on the Application of Mullen) v The Secretary of State for the Home Department QBD 21-Feb-2002
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 . .
Appeal from – 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 – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Administrative
Leading Case
Updated: 10 November 2021; Ref: scu.178760
