The UK Supreme Court has ruled on the meaning of "miscarriage of justice" within legislation governing statutory compensation for such miscarriages. In R (on the application of Adams & Ors.) v. Secretary of State for Justice, the UK government had argued that only those who could prove innocence were statutorily entitled to compensation for miscarriages of justice.
By 5-4, the Court ruled that this was too narrow a definition and accepted the following formulation by Phillips LJ: "A new fact will show that a miscarriage of justice has occurred when it so undermines the evidence against the defendant that no conviction could possibly be based upon it. This is a matter to which the test of satisfaction beyond reasonable doubt can readily be applied. This test will not guarantee that all those who are entitled to compensation are in fact innocent. It will, however, ensure that when innocent defendants are convicted on evidence which is subsequently discredited, they are not precluded from obtaining compensation because they cannot prove their innocence beyond reasonable doubt."
Please click here to read a Human Rights in Ireland blog on this issue.
UK human rights organisation Justice intervened as a third party, represented pro bono by counsel and law firm Kirkland & Eilis LLP. To read an excellent article by Tony McGleenan SC on NGO third party interventions presented at a seminar by Public Interest Litigation Support in Belfast, please click here.