UK Criminal Justice System: Finality, Appeals, Innocence Projects & Compensation

What is the core idea of finality in the context of wrongful convictions?

Finality means that convictions shouldn't be endlessly re-litigated, creating a tension with the need to correct miscarriages of justice.

Why is finality important in the legal system?

Finality is important for efficiency, victim closure, public confidence in verdicts, respect for jury decisions, and preventing abuse of repeated appeals.

What does the Criminal Appeal Act 1995 state regarding appeals?

It allows appeals only if the conviction is deemed unsafe and imposes strict limits on fresh evidence.

What was the significance of the case 'Pope' in relation to finality?

The court rejected appeals based on 'lurking doubt' unless exceptional circumstances were presented.

What is the role of the CCRC in correcting wrongful convictions?

The CCRC investigates miscarriages of justice and can allow appeals even for guilty individuals if the process was flawed.

What is the 'real possibility' test as per the Criminal Appeal Act 1995?

The CCRC must believe there is a real possibility that the Court of Appeal will quash the conviction.

What are some strengths of the 'real possibility' test?

It prevents frivolous referrals, aligns the CCRC with the Court of Appeal, and ensures consistency in appellate outcomes.

What are the weaknesses of the 'real possibility' test?

It makes the CCRC dependent on the Court of Appeal's restrictive approach and discourages bold referrals.

What did the Westminster Commission recommend regarding the 'real possibility' test?

They recommended replacing it with a test asking if the conviction is unsafe, allowing for independent judgment by the CCRC.

What are some legal challenges faced by university innocence projects?

They lack legal power to obtain documents, have restricted access to evidence, and must rely on solicitors or FOI requests.

What practical challenges do innocence projects encounter?

Challenges include student turnover, limited expertise, funding, and emotional burdens, leading to slow progress.

What ethical challenges are associated with innocence projects?

Ethical risks include giving prisoners false hope, exposure to disturbing material, and maintaining professional boundaries.

What does section 133 of the Criminal Justice Act 1988 state about compensation?

It requires proving beyond reasonable doubt that the individual did not commit the offense to qualify for compensation.

Why was the compensation test developed to be so restrictive?

It was a reaction to cases like Mullen, aiming to limit compensation to those who are truly innocent and address financial concerns.

How do courts justify the restrictive compensation test under Article 6?

Courts argue that stating someone hasn't proved innocence does not equate to declaring them guilty, thus not violating the presumption of innocence.

What are some criticisms of the current compensation law?

Critics argue it is almost impossible to meet, unfair to the wrongfully convicted, undermines state responsibility, and creates a two-tier system.

What is the primary focus of the exam line regarding finality and wrongful convictions?

The system leans toward finality but maintains mechanisms like the CCRC to correct serious miscarriages of justice.

What is the significance of the Birmingham Six and Guildford Four cases in relation to finality?

These cases highlight the strong rhetoric around finality in judicial attitudes, especially regarding wrongful convictions.

What is the relationship between the Court of Appeal and the CCRC?

The CCRC is often tied to the Court of Appeal's conservative approach, which can limit its ability to correct miscarriages of justice.

What is the impact of the 'fresh evidence' rule on appeals?

The narrow approach to fresh evidence limits the success of appeals and can hinder the correction of wrongful convictions.

What are the implications of the two-tier system created by the compensation law?

It creates distinctions between those who are 'innocent enough' and those who are 'not innocent enough' for compensation.

What is the overall conclusion regarding the law's approach to miscarriages of justice?

The law is criticized for being overly restrictive, prioritizing cost and policy concerns over justice for the wrongfully convicted.

What significant change occurred in the criminal appeal process in 1907?

The first Criminal Appeal Act was established, allowing appeals for errors of law.

What case led to the reform of the criminal appeal process in 1907?

The Adolf Beck case, which involved incorrect eyewitness testimony.

What was a major concern regarding the jury's role after the 1907 reforms?

There was concern that the jury's decisions could be overridden by a small number of judges in the Court of Appeal.

What did the Colclough case (1909) establish about jury trials?

The courts expressed reluctance to substitute a judge for a jury trial.

What was the outcome of the Timothy Evans case?

He was wrongfully hanged for the murder of his wife and daughter in 1950, later found to be innocent.

What did the 1964 Criminal Appeal Act introduce?

It allowed for retrials to determine what the jury would decide.

What was the test for quashing a conviction established in the 1966 Criminal Appeal Act?

A conviction could be quashed if it was deemed unsafe or unsatisfactory.

What did Section 23 of the 1968 Criminal Appeal Act outline?

It set conditions for the admissibility of fresh evidence in appeals.

What were the four grounds for barring evidence according to Section 23(2)?

Evidence must have little bearing on the case, be not credible, should have been presented at the initial trial, or lack a good reason for not being presented.

What was the impact of the Birmingham Six and Guildford Four cases?

They highlighted systemic issues in the justice system and led to calls for reform.

What was Lord Denning's view on admitting police misconduct in the 1980s?

He dismissed the idea, suggesting it would imply police guilt and undermine the justice system.

What did the Runciman Commission recommend regarding the appeal process?

It recommended merging grounds of appeal into one for unsafe convictions and establishing an independent authority to investigate miscarriages of justice.

What did the 1995 Criminal Appeal Act state about unsafe procedures?

Convictions could be quashed if the procedure was unsafe.

What is the significance of the term 'lurking doubt' in the context of appeals?

It refers to the court's ability to quash a conviction even without fresh evidence if the jury verdict is deemed unsafe.

What is the two-stage test for fresh evidence in appeals?

The test involves the admission of the evidence and the actual evaluation of the evidence.

What was the outcome of R v Chalkey (1998) regarding factual guilt?

The court stated it could not overturn a case if factual guilt was established.

What did the case R v Mullen (2000) clarify about convictions?

It established that safety of conviction is not related to whether the defendant is guilty or innocent.

What does Section 8 of the 1995 Criminal Appeal Act establish?

It sets out the Criminal Cases Review Commission to refer failed appeals back to the Court of Appeal.

What challenges did the cases of Maxwell Confait and Cardiff Five highlight?

They underscored issues of false convictions and the influence of politics and racism in the justice system.

What was the significance of the 1991 and 1993 Runciman Commission reports?

They provided extensive recommendations for reforming the criminal justice system, particularly the appeal process.

What does the term 'fresh evidence' refer to in the context of appeals?

New evidence that was not presented during the original trial and may affect the outcome of the case.

What is the time limit for bringing an appeal as set out in the 1968 reforms?

Appeals must be brought within 28 days of conviction.

What is the significance of fresh evidence in the appeal process?

Fresh evidence can be considered by the court of appeal if it provides a new perspective on the case, as seen in R v Pendleton (2002).

What approach do judges take when evaluating fresh evidence?

Judges can take a subjective approach based on their feelings, as seen in R v Callaghan (1989), but this can overshadow the jury's role.

What is 'lurking doubt' in the context of legal appeals?

'Lurking doubt' refers to uncertainty about a jury's decision, established in R v Cooper (1969), but was limited in R v Pope (2012).

What is the role of the Criminal Cases Review Commission (CCRC)?

The CCRC helps individuals who believe they have been wrongfully convicted by investigating and referring cases to the court of appeal.

What is the real possibilities test in relation to the CCRC?

The CCRC will only refer cases to the court of appeal if there is a real possibility of the conviction being overturned.

What was the outcome of Andrew Malkinson's case regarding the CCRC?

The CCRC failed to refer Andrew Malkinson's case, highlighting issues with its effectiveness.

What changes were suggested for the CCRC by the justice select committee in 2014?

The committee suggested that the CCRC should be less rigid and focus on helping appellants rather than solely on success rates.

Under what conditions can a person receive compensation for wrongful conviction?

Compensation can be awarded if it is proven beyond reasonable doubt that a miscarriage of justice occurred, as per the Criminal Justice Act 1988, s.133.

What does the term 'miscarriage of justice' refer to?

It refers specifically to wrongful convictions of the innocent, not to breaches of process.

What was the ruling in Hallam and Nealon v Secretary of State (2019)?

The court ruled that proving innocence is required for compensation, which raised concerns about the presumption of innocence.

What was the outcome of the Brain Buckle (2025) case regarding compensation?

The jury found him not guilty, but the secretary stated he did not prove his innocence beyond reasonable doubt, complicating compensation claims.

How does the Criminal Appeal Act 1995, section 8, relate to compensation?

It allows for an independent assessment of compensation based on the seriousness of the offence and the duration of imprisonment.

What factors are considered in calculating compensation for wrongful conviction?

Factors include loss of earnings, future earning capacity, legal costs, and mental pain.

What was the significance of the O'Brien and Others independent assessment in 2007?

It determined that compensation should be adjusted to avoid overcompensation, deducting 25% for basic necessities provided by the state during imprisonment.

What is the impact of cuts to funding on the CCRC's effectiveness?

Cuts to funding since 2008 have limited the CCRC's ability to assist individuals effectively.

What did the Westminster Commission recommend regarding the CCRC?

The commission recommended a more liberal approach and a redraft of the real possibilities test to facilitate referrals.

What is the challenge posed by the subjective approach of judges in appeals?

It risks undermining the jury's role and the integrity of the initial proceedings.

What does the term 'finality' refer to in the context of legal appeals?

Finality refers to the principle that once a verdict is reached, it should not be easily overturned to ensure justice is served.

How does the CCRC act as a filter in the appeal process?

It screens cases based on the real possibilities test to avoid referring cases that are unlikely to succeed.

What is the significance of the case R v Neuberg (2016) for the CCRC?

It emphasized that the CCRC should not be overwhelmed by inappropriate applications due to limited resources.

What is the potential issue with the CCRC's discretion in referring cases?

The CCRC's discretion can lead to inconsistencies in how cases are evaluated and referred.

What is the relationship between the presumption of innocence and compensation claims?

The presumption of innocence implies that individuals should not be deemed guilty without proof, complicating compensation claims for wrongful convictions.

What does the term 'defence strategy' refer to in legal proceedings?

It refers to the approach taken by defence lawyers to select which arguments and evidence to present in court.

What was the ruling in R v Hunt (2001) regarding appeals?

The court restricted attempts to appeal based on previously established evidence and jury decisions.