Miscarriages of Justice

Question 1

What is a MoJ?

Answer 1

When factual and legal guilt do not concide, thus ending in the undesired result

Question 2

What are the 2 pieces of legislation?

Answer 2

1) PACE and code of practice- Detailed framework for the operation of police powers and suspects rights
2) Prosecution of offences act 1985- Created CPS

Question 3

What are some examples of things that occurred before PACE?

Answer 3

• Questionable police tactics
• Unlawfully obtained evidence
• Persuasive interviewing techniques
• Heavily relied on confessions and EWT
• Poor identification

Question 4

What are some common MoJ features?

Answer 4

1) Storing false confession tapes using psychological pressure, tricks and distortion
2) Fabrication and manipulation of prosecution evidence
3) Under-resourcing the defence

Question 5

What are some examples of MoJ?

Answer 5

Guildford four
Birmingham six
Maguire seven
Cardiff three
Tottenham three

Question 6

What does the CCRC stand for?

Answer 6

Criminal cases review commission

Question 7

What are the aims of the CCRC?

Answer 7

Investigate cases ASAP and with care
Work with stakeholders
Treat applicants with curtesy and respect
Promote public understanding of commissions role

Question 8

What are 2 criticisms of the CCRC?

Answer 8

Some argue they only focus on easy/quick cases to aid ‘clearup’ rate.
Can only access public/gov materials (not private bodies)

Question 9

What is the CCRC ‘Real possibility test’?

Answer 9

Decides if a case is worth referring based on if there is a real possibility that the conviction, sentence, or verdict would be quashed by an appeal court.

Question 10

What was the Sam Hallam case?

Answer 10

Case rested on 2 contradictory eyewitnesses. Mobile phone evidence was available but not used. Had to find new witness statements as CCRC wouldn’t consider case without new evidence

Question 11

What are some themes of MoJ?

Answer 11

Fabrication of evidence
Unreliable evidence
Appeals refused several times before successful
Real offenders = rarely convicted
Noone involved in original prosecution has been prosecuted

Question 12

Explain the Birmingham Six case

Answer 12

6 men in 1975 sentenced to life imprisonment following birmingham pub bombing.
Quashed by court of appeal in 1991 (over 15 years later)
Awarded compensation

Question 13

How were the members of the Birmingham Six case treated?

Answer 13

Threatened with dogs
Deprived of sleep
questioned up to 12 hours
4 out of 6 signed confession
Suspects had visible bruises but proceedings against the offender were dismissed