61 Compensation for miscarriages of justice
Criminal Justice and Immigration Act 2008 (2008 c 4) | Legislation

61  Compensation for miscarriages of justice

(1)     The Criminal Justice Act 1988 (c 33) has effect subject to the following amendments.

(2)     Section 133 (compensation for miscarriages of justice) is amended as follows.

(3)     At the end of subsection (2) (compensation only payable if application for compensation is made) insert

“before the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned.

(2A)     But the Secretary of State may direct that an application for compensation made after the end of that period is to be treated as if it had been made within that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.”

(4)     For subsection (4A) substitute—

“(4A)     Section 133A applies in relation to the assessment of the amount of the compensation.”

(5)     After subsection (5) (meaning of “reversed” in relation to a conviction) insert—

“(5A)     But in a case where—

(a)     a person's conviction for an offence is quashed on an appeal out of time, and

(b)     the person is to be subject to a retrial,

the conviction is not to be treated for

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Proprietary estoppel

Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice

LEXISNEXIS

VAT definition

LEXISNEXIS

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for

LEXISNEXIS

Negligent misstatement—defences and remedies

Negligent misstatement—defences and remediesThere are a number of ways in which liability for negligent misstatement may be avoided and/or limited. For details on founding a claim of negligent misstatement, see Practice Note: Negligent misstatement—founding a claim.For guidance generally on clauses