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You can find the current article at its original source at https://www.theguardian.com/law/2018/may/08/miscarriage-of-justice-victims-unfairly-denied-compensation-court-told
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| Miscarriage of justice victims unfairly denied compensation, court told | Miscarriage of justice victims unfairly denied compensation, court told |
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| Most victims of past miscarriages of justice would have been denied compensation under restrictive rules now in force, the supreme court has heard. | Most victims of past miscarriages of justice would have been denied compensation under restrictive rules now in force, the supreme court has heard. |
| Opening a claim on behalf of two men who spent a total of 24 years in jail for crimes they did not commit, Heather Williams QC said that successful cases would be restricted to a “very narrow category” where applicants could prove they were innocent. | |
| The legal challenge is over the lawfulness of a new statutory definition of a “miscarriage of justice” added to the compensation scheme under the Antisocial Behaviour, Crime and Policing Act in 2014. | The legal challenge is over the lawfulness of a new statutory definition of a “miscarriage of justice” added to the compensation scheme under the Antisocial Behaviour, Crime and Policing Act in 2014. |
| “If it had been enacted at the time, it would have precluded statutory compensation being paid by the state in the vast majority of the most notorious cases where wrongful convictions were set aside after lengthy periods of imprisonment,” Williams said. | “If it had been enacted at the time, it would have precluded statutory compensation being paid by the state in the vast majority of the most notorious cases where wrongful convictions were set aside after lengthy periods of imprisonment,” Williams said. |
| The legal definition is contrary to the presumption of innocence enshrined in article six of the European convention on human rights, which guarantees the right to a fair trial, she said. It states that everyone should be presumed to be innocent until proven guilty. | |
| The supreme court case has been brought by Sam Hallam, who served seven years for murder, and Victor Nealon, who spent 17 years in jail for attempted rape. Both were freed after the court of appeal ruled they should not have been convicted. Neither, however, has received any apology or recompense. | The supreme court case has been brought by Sam Hallam, who served seven years for murder, and Victor Nealon, who spent 17 years in jail for attempted rape. Both were freed after the court of appeal ruled they should not have been convicted. Neither, however, has received any apology or recompense. |
| Hallam, from Hoxton, east London, was released in 2012. He had been convicted at the age of 17 for participating in a gang fight that left a man dead. His original trial heard conflicting testimonies in which witnesses retracted their identification evidence. His mobile phone was not examined to support his claim that he had never been at the scene of the attack. | |
| Nealon, a former postal worker, was released in 2014. He had originally been found guilty in 1997 of the attempted rape of a woman leaving a nightclub in Redditch, Worcestershire. His conviction was overturned by the court of appeal after fresh DNA evidence indicated someone else had been the attacker. | Nealon, a former postal worker, was released in 2014. He had originally been found guilty in 1997 of the attempted rape of a woman leaving a nightclub in Redditch, Worcestershire. His conviction was overturned by the court of appeal after fresh DNA evidence indicated someone else had been the attacker. |
| Nealon could have left prison after seven years but was repeatedly refused parole because he refused to accept his guilt or undergo rehabilitation for the crime he was accused of. | Nealon could have left prison after seven years but was repeatedly refused parole because he refused to accept his guilt or undergo rehabilitation for the crime he was accused of. |
| Williams said numerous other European countries had post-acquittal compensation schemes that recognised the European convention definition. The government, she said, had failed to identify a single other scheme where a presumption of innocence did not operate. | |
| The campaign organisation Justice, which monitors the courts, has intervened in the case to support both men’s claims. | The campaign organisation Justice, which monitors the courts, has intervened in the case to support both men’s claims. |
| In written submissions, it said: “Upon release, victims of miscarriage of justice still receive just £46 and a travel warrant. There is no automatic accommodation, social security assistance or psychiatric assessment available to them. | In written submissions, it said: “Upon release, victims of miscarriage of justice still receive just £46 and a travel warrant. There is no automatic accommodation, social security assistance or psychiatric assessment available to them. |
| “Justice is not aware of any cases where an explanation or apology for the wrongful conviction has been given to a victim of a miscarriage of justice .”Before the hearing Paddy Hill, who was wrongfully imprisoned for 17 years as part of the Birmingham Six, joined a protest outside the supreme court against the restrictive compensation rules. | “Justice is not aware of any cases where an explanation or apology for the wrongful conviction has been given to a victim of a miscarriage of justice .”Before the hearing Paddy Hill, who was wrongfully imprisoned for 17 years as part of the Birmingham Six, joined a protest outside the supreme court against the restrictive compensation rules. |
| “I think this regulation is unlawful and diabolical,” he said. “This rule gives no compensation. It gives the police carte blanche to drag anyone off the street, falsify evidence against them and put them in prison for years and years. You get no help and no compensation when you get out. It’s disgraceful.” | |
| Hallam was also in court. He said afterwards: “It’s been a very long journey. Apart from the Met police issuing an apology after I was freed, there’s been nothing. There was no aftercare. I was left to fend for myself. | |
| “I’m still struggling with housing. Compensation would be a step forward and represent closure. It would be an official acknowledgement.” | |
| The hearing continues. Judgment is expected to be reserved. | |
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