In this issue
Welcome
The fruits of Jogee?
Challenging convictions based on “Junk science”: a broadside from across the pond
Appealing twice: Is there a need for the CCRC?
Compensation for miscarriages of justice and the presumption of innocence
The Court of Appeal, the Law Commission and Unfitness to Plead - Is the Pritchard Test Fit For Purpose?
Non-Disclosure of police misconduct as a ground of appeal
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Feature Articles
The fruits of Jogee?

James Wood QC, the leader of Doughty Street Crime Team, who appeared for Tyler Burton in the combined appeals in the case of Johnson and others where the Court of Appeal dealt with a series of joint enterprise cases arising from the Supreme Court decision of Jogee. He concludes the Court of Appeal will have dashed the hopes of campaigners who had felt that the Supreme Court’s decision in Jogee would lead to a widespread reconsideration of past murder convictions on grounds that the historic “wrong turn” in the law of joint enterprise, and that it would lead to the release of many and the reconsideration of many cases long regarded as miscarriages of justice. He draws some threads together from the judgment, and sets out what it will now be necessary to show in order to win historic joint enterprise appeals in the future.


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Challenging convictions based on “Junk science”: a broadside from across the pond

David Bentley QC looks to America for sources to challenge convictions in the CACD based on DNA, footwear and bitemark evidence.

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Appealing twice: Is there a need for the CCRC?

Following the Supreme Court in Jogee and Ruddock, an attempt was made in Northern Ireland to bypass the CCRC and seek to re-open unsuccessful old appeals. Paul Taylor considers the NICA’s response to these creative applications, and the correct venue for such challenges.

 

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Compensation for miscarriages of justice and the presumption of innocence

Exonerated victims of miscarriages of justice will often look to the State to compensate him/her for the effects of the wrongful incarceration. The circumstances in such compensation will be available have been dramatically reduced. The Supreme Court, Parliament and most recently the Court of Appeal (Civil Division) in R (Hallam and Nealon) v Secretary of State for Justice [2016] EWCA Civ 335 have all played a role in seeking to define when it will be available. Daniella Waddoup reviews the current legal position.

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The Court of Appeal, the Law Commission and Unfitness to Plead - Is the Pritchard Test Fit For Purpose?

Siobhan Grey QC analyses the state of the law on unfitness to plead, both from the current Court of Appeal perspective and the changes proposed by the Law Commission.

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Non-Disclosure of police misconduct as a ground of appeal

Non-disclosure by the Crown has resulted in miscarriages of justice. Joel Bennathan QC and Katy Thorne look at the recent case of McGuffie and the impact of non-disclosure both on the appeal and the retrial.

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