ACQUITTALS

[2017] EWCA Crim 1333 [2017] EWCA Crim 1333

The court refused an application under the Criminal Justice Act 2003 s.76 to quash an individual’s acquittal for murder in light of new DNA evidence. Although the evidence was strong, the individual was detained in a high security psychiatric hospital and only had weeks left to live due to terminal cancer, such that a retrial would not be in the interests of justice.

[2016] EWCA Crim 1939 [2016] EWCA Crim 1939

A prosecution costs order of £2,800 was neither just nor reasonable following an offender’s conviction for voyeurism. Although it represented only a contribution to the prosecution’s costs, it did not properly reflect the fact that the offender had been acquitted of one of two counts, or the fact that he had limited means and ability to pay. A proper order was one of £1,400.

[2016] EWHC 3405 (Admin) [2016] EWHC 3405 (Admin)

A claimant was granted permission to amend her grounds for judicial review of the secretary of state’s refusal to award her compensation following her acquittal for murder, on the limited basis of the legality of the decision not to make a discretionary ex gratia payment.

[2016] EWHC 1239 (Admin) [2016] EWHC 1239 (Admin)

The Independent Monitor’s decision to approve the disclosure by the police on an enhanced criminal records certificate of information about an individual’s acquittal for sexual offences was unreasonable as the decision had been unsupported by the evidence at the trial for the alleged offences and the judge’s summing up.