Miscarriages of Justice 2

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  • Miscarriages of Justice 2
    • Groups of errors that often cause MoJ
      • 1. Errors caused by police investigations prior to trial
      • 2.Errors caused by prosecution prior to or during trial
      • 3. Errors caused by prosecution witnesses
      • 4. Miscellaneous causes of errors
    • Protections
      • Common Law Protections
      • Review Mechanisms
        • Applications to CCRC for clients' cases to be reviewed to the CoA
          • Power to send/refer a case to an appeal court if it considers possibility of the conviction being quashed or sentence being reduced
        • Power to send/refer a case to an appeal court if it considers possibility of the conviction being quashed or sentence being reduced
      • ECHR
        • Art 5 Right to liberty and security of person
        • Art 6 Right to a fair trial
          • Public Hearing
          • Informed of charges
          • Standard of proof beyond reasonable doubt
          • Time and facilities to prepare defence
          • Presumption of innocence
          • Opportunity to cross-examine witness
          • Independent and impartial tribunal
      • Compensation
        • Prior to CJA (1988) ex gratia payment for victims
        • Discretion of Home Secretary
        • Not an admission of liability
        • Compensation process requires individuals to establish innocence again

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