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Written question asked by Lord Laird (Ulster Unionist Party), in the House of Lords. It was answered by Lord McNally (Liberal Democrat) on Thursday, 27 January 2011.


Criminal Justice: Compensation

Question
To ask Her Majesty’s Government whether they will issue a practice direction to criminal courts ensuring judges declare any defendant acquitted at trial, or appellant whose conviction has been quashed as unsafe on appeal, as innocent at the close of the court proceedings; and whether they will ensure that appropriate compensation and aftercare is provided to such persons.
Answer

Practice directions in the criminal courts are a matter for the Lord Chief Justice, not the Government. It has long been an important feature of our criminal justice system that a person charged with an offence is presumed to be innocent until proved guilty. A person found not guilty is to be treated as innocent, as too is a person whose conviction has been quashed on appeal. A person whose conviction is quashed on appeal may apply for compensation under Section 133 of the Criminal Justice Act 1988. Entitlement to compensation under that provision will be considered shortly by the Supreme Court in the case of Adams. The Ministry of Justice funds the Miscarriage of Justice Support Service (MJSS) to help those who have had their convictions quashed by the Court of Appeal. The MJSS provides help with issues such as healthcare, accommodation, finance and relationships. The MJSS' funding has recently been extended for a further year to March 2012 and the Ministry of Justice is working with it to improve the support they provide.


Secondary information

Type
Written question
Reference
6032; 724 c186WA
Session
2010-12
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Subjects
Compensation Appeals Courts Convictions Miscarriages of justice Rules of procedure Acquittals
Link
View this Written question on www.publications.parliament.uk