Miscarriage of justice Definition

Case studies

"LexisLibrary gives us the most relevant and recent cases and always has the latest information on them. It makes research so much easier. We're more cost-effective for our clients and more efficient each day"

Advocates

Access all documents on Miscarriage of justice

GET ACCESS NOW

GLOSSARY

What does Miscarriage of justice mean?

A miscarriage of justice is generally considered to be when an individual is tried, convicted and punished for a crime they did not commit.

The meaning of miscarriage of justice was considered in R (on the application of Adams) v Secretary of State for Justice [2011] UKSC 18. Paragraph [55] provides that: 'A new fact will show that a miscarriage of justice has occurred when it so undermines the evidence against the defendant that no conviction could possibly be based upon it. This is a matter to which the test of satisfaction beyond reasonable doubt can readily be applied. This test will […] ensure that when innocent defendants are convicted on evidence which is subsequently discredited, they are not precluded from obtaining compensation because they cannot prove their innocence beyond reasonable doubt.'

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Appeal on fresh evidence in criminal cases

The interests of justice testThe single test for allowing an appeal against conviction is whether the conviction is unsafe. If the grounds of appeal submitted refer to fresh evidence which was not adduced at trial, the same test applies. Under section 23 of the Criminal Appeal Act 1968 (CAA 1968), the Court of Appeal has the power to admit fresh evidence if it is deemed necessary or expedient in the interests of justice.This applies to appeals against conviction, appeals against sentence and references to the Court of Appeal by the Home Secretary. These powers extend to hearings of applications for leave to appeal as well as the appeal itself or an appeal against the findings of a Newton hearing.CAA 1968, s 23 only comes into operation if a right to appeal under CAA 1968, s 1 exists. Once the Court of Appeal has dismissed an appeal against conviction under CAA 1968, s 1, the court has no jurisdiction to hear a subsequent application for leave to appeal, even where the...

Discover our 1 Practice Notes on Miscarriage of justice