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Supreme Court allows miscarriage of justice appeals | |
(about 3 hours later) | |
The Supreme Court has allowed appeals by two victims of miscarriages of justice who were refused compensation after their murder convictions were overturned. | |
But a similar appeal by a third man has been rejected. | |
The case could have implications for dozens of former prisoners in England, Wales and Northern Ireland. | The case could have implications for dozens of former prisoners in England, Wales and Northern Ireland. |
Barry George, cleared of killing Jill Dando, is not one of the men but his lawyers also took part in the hearing. | |
Mr George spent eight years in jail before being acquitted at a retrial in August 2008 of the BBC presenter's murder. | |
The High Court later ruled he was entitled to a judicial review hearing over the government decision to refuse him compensation. | The High Court later ruled he was entitled to a judicial review hearing over the government decision to refuse him compensation. |
Beyond reasonable doubt | Beyond reasonable doubt |
People who have been wrongfully convicted are entitled to compensation only if they can show there's been a "miscarriage of justice". | People who have been wrongfully convicted are entitled to compensation only if they can show there's been a "miscarriage of justice". |
But the meaning of the phrase has been unclear since a Law Lords ruling in 2004 which came up with different definitions. | But the meaning of the phrase has been unclear since a Law Lords ruling in 2004 which came up with different definitions. |
The version adopted by the government has resulted in compensation being denied to people because they could not prove their innocence beyond reasonable doubt. | The version adopted by the government has resulted in compensation being denied to people because they could not prove their innocence beyond reasonable doubt. |
The men involved in the Supreme Court case have seen their claims for compensation rejected despite them being cleared by the Court of Appeal. | The men involved in the Supreme Court case have seen their claims for compensation rejected despite them being cleared by the Court of Appeal. |
The appeal that was rejected was by Andrew Adams, who spent 14 years in jail after being wrongly convicted of murder. | |
Mr Adams, from Newcastle, was found guilty in 1993 of shooting retired science teacher Jack Royal, but released in 2007 by the Court of Appeal. | Mr Adams, from Newcastle, was found guilty in 1993 of shooting retired science teacher Jack Royal, but released in 2007 by the Court of Appeal. |
The High Court later rejected his compensation bid, and Mr Adams took his case to the Court of Appeal. | The High Court later rejected his compensation bid, and Mr Adams took his case to the Court of Appeal. |
Unease over verdicts | |
The two successful appeals are from Northern Ireland. | |
Raymond McCartney was jailed in January 1979 for murdering an RUC officer, Patrick McNulty, and a businessman, Jeffrey Agate. | |
During his 17 years in jail he became a senior IRA officer and took part in hunger strikes in the Maze prison. His conviction was quashed in 2007 and he is now a Sinn Fein member of the Northern Ireland Assembly. | |
Eamonn MacDermott was also convicted of murdering Det Con McNulty, and of membership of the IRA. | |
Both men were cleared on appeal in 2007 after judges declared unease about the safety of the guilty verdicts, but two previous bids for compensation have been refused. | |
BBC home affairs correspondent Danny Shaw says if the court widens the meaning of "miscarriage of justice" the government will have to reconsider Mr George's claim - along with many others that have been turned down. | BBC home affairs correspondent Danny Shaw says if the court widens the meaning of "miscarriage of justice" the government will have to reconsider Mr George's claim - along with many others that have been turned down. |
The judgement is unlikely to affect Scotland where there are fewer restrictions on eligibility for compensation. |