‘Unsafe’ Convictions: Defining and Compensating Miscarriages of Justice
Year: 2003
Type: article
Abstract: This article examines the case of R (on the application of Nicholas Mullen) v Secretary of State for the Home Department [2002] EWCA Civ 1882 in relation to the statutory compensation scheme for miscarriages of justice. It argues that a test requiring proof of innocence is not compatible with the criminal justice process and excludes those who may have been convicted after an abuse of process. It suggests that a wider definition of a miscarriage of justice for the purposes of compensation would benefit not only those who are considered to be factually innocent but also those whose convictions may have been brought about by malpractice.
Source: Modern Law Review
Author: Stephanie Roberts
Institution: University of Westminster
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W1976755165