Guilt and Innocence in the Criminal Justice System: A Comment on R (Mullen) v Secretary of State for the Home Department

Authors: Nobles, Richard¹; Schiff, David¹

Source: Modern Law Review, Volume 69, Number 1, January 2006 , pp. 80-91(12)

Publisher: Blackwell Publishing

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Abstract:

The House of Lords upheld the Secretary of State's right to deny compensation under section 133 of the Criminal Justice Act 1988 and the ex gratia scheme to Mullen, whose conviction for conspiracy to cause explosions had been quashed by the Court of Appeal solely by reference to actions by the authorities (securing his illegal deportation to the UK) that constituted an abuse of process, without impugning the fairness of his trial or the accuracy of the verdict The note discusses the different judgments in the House of Lords and the Court of Appeal in terms of their implications for the respective roles of legal and political systems in determining guilt and innocence. In particular, the note explores the nature of the legal principle of the presumption of innocence as it operates in the context of successful appeals.

Keywords: Compensation for miscarriages of justice; Presumption of innocence; Authority of Secretary of State to decide question

Document Type: Research article

DOI: 10.1111/j.1468-2230.2006.00577_2.x

Affiliations: 1: Law Department, LSE

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