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Civil Liberties & Human Rights

Miscarriages of Justice

Susie Labinjoh
Partner
Alice Hardy
Partner
Jocelyn Cockburn
Partner
Nancy Collins
Partner
Sasha Barton
Partner

Compensation claims for wrongful conviction.

Unfortunately, the criminal system isn’t perfect. There are many cases of those who have been cruelly let down by it. If you’ve been wrongly convicted and subsequently found not guilty, then in specific circumstances you could be entitled to compensation for a miscarriage of justice under s133 Criminal Justice Act 1988, the statutory scheme.

We know that no amount of money can ever compensate you for a wrongful conviction. However, if you qualify, this could help rebuild your life. As a team of specialist solicitors we’re highly experienced in this area. We work on behalf of our clients to get the justice they deserve.

Why choose Hodge Jones & Allen Solicitors?

Unrivalled expertise

Our Civil Liberties team has unrivalled expertise in this highly specialised field. We’ve helped victims of miscarriage of justice secure compensation in most of the major cases over the last twenty years. This includes high profile claims such as the Bridgewater Four and M25 Three. Furthermore, we’ve led ground-breaking legal challenges against government cuts to compensation for miscarriages of justice.

Support & guidance

Our defence solicitors understand how hard and frustrating it is to be in your situation. Our team of professionals will work with you by giving clear and practical advice every step of the way. They will support you and guide you through the process. We also work very closely with family members, as we realise how difficult this can be for them.

Fighting on your behalf

Our solicitors are on hand to protect your rights and interests and get you the best result possible.

“SASHA BARTON IS AN EXEMPLARY LAWYER. SHE HAS TREATED MY CASE AND ME WITH PASSION AND CONVICTIONS AS IF I WERE A MEMBER OF HER OWN FAMILY."

What is the compensation scheme for miscarriages of justice?

The scheme for compensation for miscarriages of justice is the Statutory Scheme under Section 133 of the Criminal Justice Act 1988.

To be entitled to compensation for a miscarriage of justice the applicant must meet two conditions:

1) Firstly, they must show their conviction has been reversed or they’ve been pardoned. A conviction qualifies as being reversed if it’s been

  • Quashed on an appeal out of time, and the applicant isn’t to be subject to a retrial
  • Quashed on an appeal out of time, and the application was subject to a retrial. The applicant has then been found not guilty of all offences at the retrial, or the prosecution has indicated that it’s decided not to proceed with the retrial
  • Quashed after the case has been referred to the Court of Appeal by the Criminal Cases Review Commission under Section 9 of the Criminal Appeal Act 1995
  • Quashed on appeal under Section 7 of the Terrorism Act 2000
  • Quashed on appeal under Schedule 3 to the Terrorism Prevention and Investigation Act 2011

2)  Secondly, the conviction must have been reversed or pardoned, on the ground that a new, or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice.

An application must be made to the Ministry of Justice within two years of your conviction being quashed unless there are exceptional circumstances. The Justice Secretary decides whether applicants are eligible for the scheme. If an applicant is eligible they have to provide evidence of their losses. An independent assessor will decide on the level of compensation. This is currently capped at £500,000 if you have been in custody for less than ten years, and £1 million if you have been in custody for over ten years.

How to make a miscarriage of justice claim

Contact our highly experienced team

Whatever your needs, our team of highly experienced solicitors will provide you with the help and advice you need. To seek advice from our specialist team of Human Rights Solicitors you should contact one of our experienced team for free, either by telephone or through our online form.

We’ll gather the information to review your case

Once we have all the information we need, and following us completing the case review, we will let you know if you have a case which we can help with. We’ll then arrange a time to meet or talk through to discuss your needs and particular situation in greater detail.

Help you with the best resolution

You’ll then be allocated a solicitor specialising in the field to help you find the best possible resolution during a stressful and often sensitive time.

 

Get in touch with us today on
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Featured case

Compensation for the Bridgewater Four

We secured significant compensation of between £500,000 and £1 million for the Bridgewater Four. Their convictions were quashed for the murder of newspaper boy, Carl Bridgewater. They spent 18 years in jail.

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"FROM THE DARKEST OF DAYS, TO THE SATISFACTION OF RECEIVING JUSTICE, THIS FIRM GUIDE YOU SEAMLESSLY THROUGH THE MINEFIELD OF LITIGATION WITH THE UTMOST INTEGRITY."

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