Conviction Quashed - Compensation Issues.

[barry1010]

I have been thinking about Peter Sullivan, the man who had his conviction overturned after spending 38 years in prison and pondering why some people in his situation get compensation and others don't.  Should they all get compensation?

Not related to that case, but if a person was fairly and correctly found guilty on the evidence available at that time(no jiggery pokery by police, no false confession, no false witnesses, no  jury tampering etc) should he later be entitled to compensation if his conviction is quashed because new technology has cast doubt on the conviction?

Example:  man found guilty of rape. He fit the description, he didn't have an alibi.  He had a previous conviction for indecent exposure. A witness picked him out in an identity parade.

Years later new technology proves that semen found on the victim's clothing was not his.

In other areas a person is only entitled to compensation if there is evidence of wrong doing, either deliberately or negligently.  In my hypothetical scenario there has been neither.  

My questions are, has everyone who has had their conviction quashed been wrongly convicted and should compensation be automatic?

[ToraToraTora]

Yes they should get compo if they have been wrongly convicted.

[barry1010]

I bet many trials would have a different result on a different day with different juries, TTT.  

[Khandro]

different juries   That is always the case isn't it ? The jury system is exraordinary if you think about it; taking 12 (unbiased) people from the public to decide on your fate.

What is the alternative though - having one judge decide ?    I'd rather take my chances with a jury.

[Bazile]

Think about it - if you personally  were incarcerated for an alleged crime you know you didn't commit - how would you feel stewing away in an institution ?

You are then freed by technology which proves you are innocent .

Would you feel that you shouldn't be compensated ?

[jackthehat]

We all hope that juries get it right but science is now proving that this is not always so.

I think the worst part of this particular case is the length of time is took to establish his innocence.

This is an area which should be tightened-up.

It is difficult to decide just how much he should receive for precisely the reasons Barry gives - it was a 'good faith' prosecution which the jury got it wrong but, at the same time, it doesn't seem fair that he should just walk away with nothing.

[barry1010]

Of course I would, Bazile.   I can't imagine how those who didn't get compensation must feel and in my opinion no amount of money can compensate. 

[THECORBYLOON]

Compensation is awarded, "if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence”

It might be the reconsideration of the original or new evidence sshows a convicted person is not guilty but for the purposes of compensation, it is "not beyond reasonable doubt" and it that case, no compensation would be awarded.

[barry1010]

Khandro, I agree with you but maybe juries should be selected differently.

There are some very technical, complicated cases that can go on for months, such as the Guinness trial concerning fraudulent share trading.  112 days of complex evidence which I probably would not have fully understood. Over three months away from work.   These cases should have expert juries which of course would be hugely expensive

[barry1010]

That would be devestating, Corby.  Released with a shadow hanging over you.

[mjwman]

He lost his life effctively. He needs now to have a home and all the things he would have had if not convicted.

[barry1010]

I agree in that particular case, njw

[THECORBYLOON]

I was wrong to say a reconsideration of original evidence could result in compensation, apologies.

[barry1010]

Corby, imagine being released in those circumstances. People wouldn't even think he's served his sentence

[SparklyKid]

If it was me I would want at least five million quid

[THECORBYLOON]

He's been in gaol for a long time, even for someone accused of murder, so I can imagine he will struggle copping with that change, let alone the fact it was a miscarriage of justice.

[mushroom25]

do the authorities still deduct the cost of accommodation for a stay in prison from any compensation awarded?

[barry1010]

I think so

[THECORBYLOON]

That deduction was stopped a while ago.

[Ken4155]

I've read somewhere that any compo he may get will be capped at £1M. In the same article, he says he's not angry or bitter. I think if he had his full mental faculties, he'd be spitting feathers.

[THECORBYLOON]

It changed in August 2023 and applied only to new claims.