The Weekly Law Reports
[2011] 2 WLR 1180
Supreme Court
Regina (Adams)
v
Secretary of State for Justice (JUSTICE and another intervening)In re
MacDermott (JUSTICE intervening)In re
McCartney (Same intervening)
[2011] UKSC 18
2011 Feb 15,
16,
17;
May 11
May 11
Lord Phillips of Worth Matravers PSC, Lord Judge CJ, Lord Hope of Craighead DPSC, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Kerr of Tonaghmore, Lord Clarke of Stone-cum-Ebony JJSC
Crime— Miscarriage of justice— Statutory compensation— Court of Appeal quashing conviction on ground that legal representatives’ failure to discover and deploy evidence made available by prosecution rendering conviction unsafe— Claimant seeking compensation on basis of new or newly discovered facts showing miscarriage of justice— Whether fact known to legal representatives at time of trial or in-time appeal capable of being “new or newly discovered fact”— Whether failures by legal representatives giving rise to “miscarriage of justice”— Whether claimant entitled to compensation—
Criminal Justice Act 1988 (c 33), s 133(1)
Crime— Miscarriage of justice— Statutory compensation— Court of Appeal quashing appeals on ground of fresh evidence discrediting prosecution— Claimants seeking compensation on basis of newly discovered facts showing miscarriage of justice— Whether facts giving rise to miscarriage of justice—
Criminal Justice Act 1988, s 133(1)
—
Human Rights Act 1988 (c 42), Sch 1, Pt I, art 6.2
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