Clause 151 — Compensation for miscarriages of justice

Part of Anti-Social Behaviour, Crime and Policing Bill (Programme) (No. 3) – in the House of Commons at 2:15 pm on 4 February 2014.

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Photo of David Burrowes David Burrowes Conservative, Enfield, Southgate 2:15, 4 February 2014

I must declare an interest as a lawyer. Returning to the amendment, these matters must be dealt with on a proper evidential basis. It has never been the remit of a court or Minister to pronounce on innocence. The issue is dealing with the question of whether an offence has been committed. That is what any jury or tribunal considers on the basis of the evidence. It is therefore important to look at the test for compensation on an evidential basis, which plainly is whether an offence has been committed. If we get into the territory of pronouncing on innocence, the situation becomes harder and more ambiguous. The amendment in lieu makes it much more concrete. This is a fair and just test and that is why the amendment in lieu is welcome.