Miscarriage of Justice in UK Law

Leading Cases
  • Stirland v DPP
    • House of Lords
    • 21 Giugno 1944

    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.

  • R v Graham
    • Court of Appeal (Criminal Division)
    • 25 Ottobre 1996

    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.

  • Lundy v The Queen
    • Privy Council
    • 07 Ottobre 2013

    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.

  • Jefferson Ltd v Bhetcha
    • Court of Appeal (Civil Division)
    • 03 Maggio 1979

    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.

  • R v Keane
    • Court of Appeal (Criminal Division)
    • 14 Marzo 1994

    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.

  • R (Mullen) v Secretary of State for the Home Department
    • House of Lords
    • 29 Aprile 2004

    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.

  • David Cullen Bain v The Queen
    • Privy Council
    • 10 Maggio 2007

    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.

See all results
Legislation
  • Criminal Appeal Act 1966
    • UK Non-devolved
    • 01 Gennaio 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 ......
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • 01 Gennaio 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 ......
  • Criminal Appeal Act 1907
    • UK Non-devolved
    • 01 Gennaio 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:. . . ......
  • Criminal Justice and Licensing (Scotland) Act 2010
    • Scotland
    • 01 Gennaio 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 ......
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
See all results
Forms
  • Notice of application to consider the financial position of the respondent after divorce / dissolution
    • HM Courts & Tribunals Service court and tribunal forms
    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. ......
  • Form A
    • HM Courts & Tribunals Service court and tribunal forms
    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. ......
  • Family mediation information and assessment meeting form
    • HM Courts & Tribunals Service court and tribunal forms
    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. ......
  • Form A1
    • HM Courts & Tribunals Service court and tribunal forms
    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. ......
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT