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The flaws in the ‘Innocence Test’

Sasha Barton

Posted by Sasha Barton | Partner
On 3rd February 2015

It may come as a surprise to learn that someone who is convicted and jailed for a crime they did not commit, and is then acquitted based on evidence which comes to light years later, which shows that they could not and should not have been convicted of the offence will most likely get no compensation whatsoever and have no legal remedy. Yet this is the case as a result of a raft of recent court decisions, followed by the introduction of new legislation…

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Deaths in police custody

On 26th January 2015

The news reports of protests in Ferguson, Missouri following the fatal shooting by police of unarmed black teenager, Michael Brown and the “I can’t breathe” campaign, arising from the death of Eric Garner, who died after being put in a chokehold by police, has again shone a spotlight on the use of force by the police. In each case, the officers involved escaped prosecution…

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Justice First

On 15th January 2015

The high-profile case involving the victims of the notorious serial rapist taxi driver, John Worboys, has not only shone a light on some of the failings of the police but also fuelled the debate about the compensation culture in human rights cases.

In this case (DSD and NBV v…

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Farewell 2014. Hello 2015!

On 6th January 2015

As this is the first blog of a new year, it is a chance to pull together some of the threads from last year and see what they might tell us about the year to come.

2014 saw some crucial Civil Liberties decisions in different courts, not least the DSD and NVB case, in which the High Court held that two women assaulted by notorious taxi driver John Worboys could claim compensation from the Metropolitan Police…

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Why the Justice Secretary should be a lawyer…

On 16th December 2014

After hearing evidence from a wide range of experts, and the current Justice Secretary/Lord Chancellor Chris Grayling, the House of Lords Constitution Committee published a report last week on the role of the Lord Chancellor. One of the questions they considered was whether the Lord Chancellor should have a legal background, given the special responsibility the post holds for the rule of law – a responsibility which includes making sure that the Government acts lawfully…

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