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Criminal Justice Act 1988

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This is the original version (as it was originally enacted).

133Compensation for miscarriages of justice

(1)Subject to subsection (2) below, when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice, the Secretary of State shall pay compensation for the miscarriage of justice to the person who has suffered punishment as a result of such conviction or, if he is dead, to his personal representatives, unless the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.

(2)No payment of compensation under this section shall be made unless an application for such compensation has been made to the Secretary of State.

(3)The question whether there is a right to compensation under this section shall be determined by the Secretary of State.

(4)If the Secretary of State determines that there is a right to such compensation, the amount of the compensation shall be assessed by an assessor appointed by the Secretary of State.

(5)In this section “reversed” shall be construed as referring to a conviction having been quashed—

(a)on an appeal out of time; or

(b)on a reference—

(i)under section 17 of the [1968 c. 19.] Criminal Appeal Act 1968;

(ii)under section 263 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975; or

(iii)under section 14 of the [1980 c. 47.] Criminal Appeal (Northern Ireland) Act 1980.

(6)For the purposes of this section a person suffers punishment as a result of a conviction when sentence is passed on him for the offence of which he was convicted.

(7)Schedule 12 shall have effect.

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