Legal News

CJA 1988 definition of miscarriage of justice compatible with Article 6(2) ECHR (R (on the application of Hallam and another) v Secretary of State for Justice)

Published on: 18 February 2019
Published by: LexisPSL
  • CJA 1988 definition of miscarriage of justice compatible with Article 6(2) ECHR (R (on the application of Hallam and another) v Secretary of State for Justice)
  • What are the practical implications of this decision?
  • What was the background?
  • What did the Supreme Court decide?

Article summary

Public Law analysis: Jodie Blackstock, legal director of JUSTICE, examines the Supreme Court's decision in R (on the application of Hallam and another) v Secretary of State for Justice establishing that section 133(1ZA) of the Criminal Justice Act 1988 (CJA 1988), which confines compensation for miscarriages of justice to cases where fresh evidence shows beyond reasonable doubt that the defendant did not commit the offence, is not incompatible with the presumption of innocence as guaranteed by Article 6(2) of the European Convention on Human Rights (ECHR). or take a trial to read the full analysis.

Popular documents