As well as being personal tragedies for those directly affected miscarriages of justice can, by undermining the rule of law, pose a threat to everyone living in a democracy.
Successfully resolving a miscarriage of justice is one of the legal profession’s highest callings. As such the team at Hickman & Rose are proud to have achieved significant successes in some of the most high profile miscarriages of recent years.
The process of resolving a miscarriage is rarely simple. It often necessitates deep research into complex evidence. Something which is made significantly more difficult by the fact that the necessary evidence is often old and hard to obtain.
Hickman & Rose’s appeals team is comprised of experienced defence lawyers who have worked exclusively in the criminal justice process throughout their careers. They are well placed to advise anyone who fears they may be the victim of a miscarriage.
The first step to resolving any potential miscarriage is to establish whether there exists any right of appeal. This is not always a straightforward process as the relevant appeal route varies, depending on the type of offence, the court which originally heard the case and the stage the case has reached among various other factors.
One of the most common problems faced by convicted individuals who wish to appeal is that they have missed the deadline before which they need to have made clear their intention to appeal. In certain circumstances it is possible to obtain extensions to this deadline, although doing so will likely need the involvement of a specialist lawyer.
If the appeal process fails, a convicted individual may be able to apply for their case to be reviewed by the Criminal Cases Review Commission (CCRC).
The CCRC is independent organisation set up with the explicit remit of investigating suspected miscarriages of justice from Magistrates’ courts, the Crown Courts of England, Wales and Northern Ireland and the Court Martial and Service Civilian Courts.
The CCRC has special investigative powers, enabling its staff to obtain evidence which is not readily available to others. It has the power to refer a case to the Court of Appeal, but will only do so if it believes that there is new evidence available which has not previously been considered by the appeal court which would have led to a different outcome or if the court has made a serious error in law.
The CCRC does not investigate all the cases it is asked to and has strict criteria governing which matters it takes on. If the CCRC decides to investigate then the process is often long and arduous.
It often helps to take legal advice when approaching the CCRC, and also to have lawyer to present when engaging with its staff.
Once a conviction is quashed, then the door opens to potential compensation. The amounts involved vary hugely depending on case, but usually involve calculating the harm done to a convicted person by the injustice.
Hickman & Rose’s civil litigation team are experienced in advising and pursuing claims for financial compensation resulting from legal injustices.
Experience
Hickman & Rose is proud to have worked on some of the UK’s most significant recent miscarriage of justice matters.
The firm recently successfully represented three of the so-called “Oval Four” – Winston Trew, George Griffiths and Constantine Boucher – at the Court of Appeal after their cases were referred to the court by the CCRC.
The firm has long history of success bringing cases to the CCRC and is, at the time of writing currently advising in two high profile murder convictions.
All our lawyers take pride offering robust and unambiguous advice on appeal prospects to clients. Our success is built on a determination to bring strategically advantageous arguments cogently and with tenacity.