Miscarriages of Justice 2
- Created by: Alex.Byrne
- Created on: 20-05-18 16:20
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- Miscarriages of Justice 2
- Groups of errors that often cause MoJ
- 1. Errors caused by police investigations prior to trial
- 2.Errors caused by prosecution prior to or during trial
- 3. Errors caused by prosecution witnesses
- 4. Miscellaneous causes of errors
- Protections
- Common Law Protections
- Review Mechanisms
- Applications to CCRC for clients' cases to be reviewed to the CoA
- Power to send/refer a case to an appeal court if it considers possibility of the conviction being quashed or sentence being reduced
- Power to send/refer a case to an appeal court if it considers possibility of the conviction being quashed or sentence being reduced
- Applications to CCRC for clients' cases to be reviewed to the CoA
- ECHR
- Art 5 Right to liberty and security of person
- Art 6 Right to a fair trial
- Public Hearing
- Informed of charges
- Standard of proof beyond reasonable doubt
- Time and facilities to prepare defence
- Presumption of innocence
- Opportunity to cross-examine witness
- Independent and impartial tribunal
- Compensation
- Prior to CJA (1988) ex gratia payment for victims
- Discretion of Home Secretary
- Not an admission of liability
- Compensation process requires individuals to establish innocence again
- Groups of errors that often cause MoJ
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