Claimant acquitted for murder not entitled to receive compensation for miscarriage of justice


Re: R (Holdsworth) v The Secretary of State for Justice [2019] EWHC 2079 (Admin)

In December 2008 the claimant was acquitted for a previous conviction of murder. The claimant applied for compensation under Criminal Justice Act 1988, s133, alleging a miscarriage of justice.  This was refused by the defendant in 2009 and they later refused to review this decision in 2011. The  claimant brought a judicial review to quash the 2011 decision, stating it is unlawful.

Held: The 2011 decision was not unlawful. When analysing R (Adams) v Justice Secretary [2011] UKSC 18; [2012] 1 AC 48 it was decided this case fell within category 3, as the claimant failed to lodge her claim within 28 days of the Supreme Court decision. For this reason, the Defendant’s decision not to review the 2009 decision was a lawful application of the policy.

Hugh Southey QC was involved in this case.