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Colin Worton

Answer

There are two schemes for awarding compensation for miscarriages of justice. These are the statutory scheme under Section 133 of the Criminal Justice Act 1988 and the ex-gratia arrangements which were set out in a statement to the House of Commons on 29 November 1985, Official Report, columns 691–692, by the then Home Secretary and which have been adopted by successive Secretaries of State for Northern Ireland since then.Section 133 provides that the Secretary of State shall pay compensation to a person who has been convicted of and punished for a criminal offence, where the conviction is subsequently reversed or a pardon is granted on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice. Compensation shall not be paid where the non-disclosure of the unknown fact was wholly or partially attributable to the person convicted.A reversal in this context refers to a conviction which has been quashed either on an out-of-time appeal, or on a reference under the Criminal Appeal Act 1995, section 7 of the Terrorism Act 2000 or section 12 of the Prevention of Terrorism Act 2005.Under the ex gratia scheme compensation may exceptionally be granted where a person has spent time in custody following a wrongful conviction or charge, where there has been serious default on the part of the police or some other public authority, or where facts emerge, either at trial or on appeal within time, that completely exonerate the accused.

Secondary information

Type

Written question

Reference

46455; 442 c536W;442 c536W

Session

2005-06

Subjects

Compensation Northern Ireland Miscarriages of justice False imprisonment Worton, Colin

Legislation

Criminal Justice Act 1988

Link

View this Written question on www.publications.parliament.uk