Vernon Coaker – 2016 Parliamentary Question to the Northern Ireland Office
The below Parliamentary question was asked by Vernon Coaker on 2016-02-09.
To ask the Secretary of State for Northern Ireland, if she will make an assessment of the effect of the application of section 133 of the Criminal Justice Act 1988 on the payment of compensation relating to cases in Northern Ireland; and if she will make a statement.
Mrs Theresa Villiers
Section 133 of the Criminal Justice Act 1988 requires the Secretary of State for Northern Ireland or, in relation to most criminal offences in Northern Ireland, the Department of Justice, to pay compensation where a person’s conviction for a criminal offence has been reversed or he has been pardoned on the grounds that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice. The amount of compensation awarded in these cases is assessed by an independent assessor.
Section 175 of the Anti-social Behaviour, Crime and Policing Act 2014 inserted subsection (1ZA) into section 133 of the Criminal Justice Act 1988, providing a statutory definition of “miscarriage of justice”. In accordance with this new provision, the Secretary of State will only pay compensation for a “miscarriage of justice” where the new or newly discovered fact (on the basis of which the conviction was reversed) shows beyond reasonable doubt that the person did not commit the offence of which they were convicted. In Northern Ireland this new definition applies in relation to applications for compensation in cases involving sensitive national security information, which applications are determined by the Secretary of State rather than the Northern Ireland Department of Justice.
I believe that this clear definition enshrined in statute makes decisions on eligibility more transparent and less likely to be the subject of legal challenge and ensures (in those cases in Northern Ireland to which it applies) that compensation will only be paid where it is clear the person did not commit the offence of which they were convicted.
