http://www.legislation.gov.uk/id/ukpga/1988/33

http://www.legislation.gov.uk/ukpga/1988/33/section/133/2008-07-14

Criminal Justice Act 1988

An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates’ courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.

1988-07-29

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Statute Law Database

2024-06-18

2008-07-14

Criminal Justice Act 1988

s. 36(2)(b)(v) and word

Offensive Weapons Act 2019

s. 13(3)(b)

s. 70(1)

Criminal Justice Act 1988

s. 139AZA(1)(a)(iii) and word

Offensive Weapons Act 2019

s. 13(4)(b)

s. 70(1)

Criminal Justice Act 1988

s. 36(3A)

(3B)

Criminal Justice and Immigration Act 2008

s. 46(2)

s. 153(7)

Criminal Justice Act 1988

s. 41(4A)

Domestic Violence, Crime and Victims Act 2004

Sch. 10

para. 28

s. 60

Part XI Miscellaneous

Miscarriages of justice

133 Compensation 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.

F64A

In assessing so much of any compensation payable under this section to or in respect of a person as is attributable to suffering, harm to reputation or similar damage, the assessor shall have regard in particular to—

a

the seriousness of the offence of which the person was convicted and the severity of the punishment resulting from the conviction;

b

the conduct of the investigation and prosecution of the offence; and

c

any other convictions of the person and any punishment resulting from them.

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—

F1i

under the Criminal Appeal Act 1995; or

F2ii

under section 194B of the Criminal Procedure (Scotland) Act 1995 (c. 46);

F3iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4or

c

on an appeal under section 7 of the Terrorism Act 2000

F5or

d

on an appeal under section 12 of the Prevention of Terrorism Act 2005.

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.