Miscarriage of Justice in UK Law
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Stirland v DPP
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A perverse jury might conceivably announce a verdict of acquittal in the teeth of all the evidence; but the provision that the Court of Criminal Appeal may dismiss the appeal if they consider that no substantial miscarriage of justice has actually occurred in convicting the accused assumes a situation where a reasonable jury, after being properly directed, would, on the evidence properly admissible, without doubt convict.
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R v Graham
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In these four cases the court did not find that the convictions were safe: it considered that no miscarriage of justice had actually occurred and applied the proviso. Our sole obligation is to consider whether a conviction is unsafe.
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Lundy v The Queen
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If the evidence is both credible and fresh, it should generally be admitted unless the court is satisfied at that stage that, if admitted, it would have no effect on the safety of the conviction. If the evidence is credible but not fresh, the court should assess its strength and its potential impact on the safety of the conviction. If it considers that there is a risk of a miscarriage of justice if the evidence is excluded, it should be admitted, notwithstanding that the evidence is not fresh.
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Jefferson Ltd v Bhetcha
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In my view it would be wrong and undesirable to attempt to define in the abstract what are the relevant factors. By way of example, a relevant factor telling in favour of a defendant might well be the fact that the civil action or some step in it, would be likely to obtain such publicity as might sensibly be expected to reach, and to influence, parsons who would or might be jurors in criminal proceedings.
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R v Keane
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We prefer to say that the outcome in the instances given by Lord Esher and Mann LJ results from performing the balancing exercise not from dispensing with it. If the disputed material may prove the defendant's innocence or avoid a miscarriage of justice, then the balance comes down resoundingly in favour of disclosing it.
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R (Mullen) v Secretary of State for the Home Department
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In cases of this kind, it may, or more often may not, be possible to say that a defendant is innocent, but it is possible to say that he has been wrongly convicted. The common factor in such cases is that something has gone seriously wrong in the investigation of the offence or the conduct of the trial, resulting in the conviction of someone who should not have been convicted.
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David Cullen Bain v The Queen
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A substantial miscarriage of justice will actually occur if fresh, admissible and apparently credible evidence is admitted which the jury convicting a defendant had no opportunity to consider but which might have led it, acting reasonably, to reach a different verdict if it had had the opportunity to consider it. It is, however, the duty of the criminal appellate courts to seek to identify and rectify convictions which may be unjust.
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Criminal Appeal Act 1966
......Appeal, the Lord Chief Justice may, after consultation with the. Master of the Rolls, at any time request ...miscarriage of justice, subject, however, to a proviso that they. may dismiss the ......
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Anti-social Behaviour, Crime and Policing Act 2014
...... about invalid travel documents; to make provision about criminal justice and court fees; and for connected purposes.[13th March 2014] . Be it ...miscarriage of justice in relation to a person convicted of a criminal offence in ......
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Criminal Appeal Act 1907
......Lord Chief Justice of England and eight judges of the King's. Bench Division of the High ...there was a miscarriage of justice, and in any other case shall. dismiss the appeal:. . . ......
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Criminal Justice and Licensing (Scotland) Act 2010
...... for—(a) further circumstances in respect of which a person (or, if dead, the person's representatives) may be paid compensation for a miscarriage of justice,(b) circumstances in respect of which a person (or, if dead, the person's representatives) may be paid compensation for wrongful detention ......
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Evidence in the museum: Curating a miscarriage of justice
After the conclusion of criminal proceedings, criminal evidence sometimes survives in what is described here as an afterlife. In its afterlife, criminal evidence is preserved in various locations; ...
- A Miscarriage of Justice
- Compensation for ‘Miscarriage of Justice’
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The Problem of Mistaken Identification: Some Observations on Process
This article examines the importance of establishing a coherent system of safeguards against the risks of mistaken eyewitness identification. Memories of previously observed events are susceptible ......... effective means of averting the risk of error and subsequent miscarriage of justice. However , these are of little value without a system of ......
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Plaku: A Missed Opportunity? - New Law Journal
......challenging convictions in miscarriage of justice cases. The content of this article is intended to provide a ......
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Charity Employees Can Report Concerns About Wrongdoing Directly To The Charity Commission
...... a criminal offence; breach of a legal obligation; miscarriage of justice; danger to the health and safety of any individual; damage to ......
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Blowing The Whistle Recent Changes In The Law
...... A criminal offence. Breach of any legal obligation. Miscarriage of justice. Danger to the health and safety. Damage to the environment. ......
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Whistleblowing Protection
...... to a criminal offence, breach of a legal obligation, a miscarriage of justice or danger to either the health and safety of an individual or ......
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Notice of application to consider the financial position of the respondent after divorce / dissolution
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.......a significant risk of a miscarriage of justice; or. unreasonable hardship to the prospective applicant; or. ......
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Form A
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.......a significant risk of a miscarriage of justice; or. unreasonable hardship to the prospective applicant; or. ......
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Family mediation information and assessment meeting form
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).......local court or online at hmctsformfinder.justice.gov.uk. Full name of applicant(s). Full name of respondent(s). If you are ...and Wales; or. a significant risk of a miscarriage of justice; or. unreasonable hardship to the prospective applicant; or. ......
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Form A1
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.......a significant risk of a miscarriage of justice; or. unreasonable hardship to the prospective applicant; or. ......