Monday, October 14, 2013

Criminal compensation reforms would shift burden of proof on to victims

Victims of miscarriages of justice will have to prove their innocence in future or endure damaged reputations, human rights groups and Labour's parliamentary frontbench are warning.

None of the Birmingham Six or Guildford Four, who spent more than 10 years in jail having been wrongfully convicted of pub bombings in the 1970s, would be entitled to payments under government reforms that will narrow the test for compensation, according to opponents.

Proposed changes attached to the antisocial behaviour, crime and policing bill governing compensation – due to come before the Commons on Monday – could be ruled illegal by the courts, it is also claimed.

The government's amendment to section 133 of the Criminal Justice Act 1988 would redefine the compensation test for a miscarriage of justice, limiting it to 'if and only if the new or newly discovered fact shows beyond reasonable doubt that the person was innocent of the offence'.

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