Author Topic: Criminal Justice Act 1988 - S.133 Compensation  (Read 5681 times)

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Hartley

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Criminal Justice Act 1988 - S.133 Compensation
« on: January 24, 2012, 02:53:PM »
133. Compensation for miscarriages of justice:
http://www.legislation.gov.uk/ukpga/1988/33/section/133/data.pdf

133a. Miscarriages of Justice: amount of compensation:
http://www.legislation.gov.uk/ukpga/1988/33/section/133A/data.pdf

133b. Cases where person has been detained for at least 10 years
http://www.legislation.gov.uk/ukpga/1988/33/section/133B/data.pdf

Online ngb1066

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #1 on: January 24, 2012, 02:59:PM »
133. Compensation for miscarriages of justice:
http://www.legislation.gov.uk/ukpga/1988/33/section/133/data.pdf

133a. Miscarriages of Justice: amount of compensation:
http://www.legislation.gov.uk/ukpga/1988/33/section/133A/data.pdf

133b. Cases where person has been detained for at least 10 years
http://www.legislation.gov.uk/ukpga/1988/33/section/133B/data.pdf

Hartley - it is important to be clear that demonstrating beyond reasonable doubt that there is a miscarriage of justice is very different from demonstrating beyond reasonable doubt that the defendant is innocent.

 

Hartley

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #2 on: January 24, 2012, 03:03:PM »
Hartley - it is important to be clear that demonstrating beyond reasonable doubt that there is a miscarriage of justice is very different from demonstrating beyond reasonable doubt that the defendant is innocent.

I understand the point you have made.
Perhaps I have also misunderstood this article: http://www.dailymail.co.uk/news/article-1385896/Supreme-Court-compensation-ruling-miscarriages-justice-Payouts-ex-prisoners.html

Extract:
The Supreme Court ruled, by the narrowest of margins, that some acquitted in court are entitled to compensation even if they cannot prove their innocence beyond reasonable doubt.


Online ngb1066

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #3 on: January 24, 2012, 03:09:PM »
I understand the point you have made.
Perhaps I have also misunderstood this article: http://www.dailymail.co.uk/news/article-1385896/Supreme-Court-compensation-ruling-miscarriages-justice-Payouts-ex-prisoners.html

Extract:
The Supreme Court ruled, by the narrowest of margins, that some acquitted in court are entitled to compensation even if they cannot prove their innocence beyond reasonable doubt.


The Daily Mail article is badly written but I can understand now why you posted as you did.


Chochokeira

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #4 on: January 24, 2012, 03:10:PM »
I understand the point you have made.

Perhaps I have also misunderstood this article: http://www.dailymail.co.uk/news/article-1385896/Supreme-Court-compensation-ruling-miscarriages-justice-Payouts-ex-prisoners.html

Extract:
The Supreme Court ruled, by the narrowest of margins, that some acquitted in court are entitled to compensation even if they cannot prove their innocence beyond reasonable doubt.



No perhaps about it, Hartley, you were wrong.

As you were rude to NGB over this, I believe an apology is required.

Jackiepreece

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #5 on: January 24, 2012, 03:14:PM »
Hartley you seem to have researched the compensation subject fully

Ngb will it take a while to come through if there is compensation?

Jeremy did say there were some bidding wars going on over the film and book rights but he did say they offer really generous advances.  At least he will have good funds until any compensation is awarded

Hartley

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #6 on: January 24, 2012, 03:18:PM »

No perhaps about it, Hartley, you were wrong.

As you were rude to NGB over this, I believe an apology is required.

What?  ??? I'm sure if NGB felt I was in any way rude to him he would pick me up on the matter.

Offline grahameb

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #7 on: January 24, 2012, 03:21:PM »
Think I'll write a book about this forum. It'll make a great drama. ;D

TJB65

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #8 on: January 24, 2012, 03:24:PM »
Think I'll write a book about this forum. It'll make a great drama. ;D
A Hollywood Blockbuster would be better 8)

Chochokeira

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #9 on: January 24, 2012, 03:25:PM »


The Daily Mail article is badly written but I can understand now why you posted as you did.


I don't. Hartley was rude. It's unacceptable to be rude when you're right - though, with the exception of NGB, aren't most of us guilty of this on occasion? To be rude to someone - simply because they hold the opposite opinion to yours - when they are right and you are wrong, that requires an apology.

You are unfailingly polite to Hartley and to everyone here, NGB, even to those who attack you. You simply zap them back with the facts. This makes Hartley's rudeness even less acceptable

Offline Roch

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #10 on: January 24, 2012, 03:30:PM »
I've already said as much elswhere.  I think it's a mistake to talk of reclaiming lost possessions, imo.  It's premature in the extreme.

Hartley

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #11 on: January 24, 2012, 03:32:PM »
So, instead of any discussion about compensation awarded in miscarriage of justices, which was the reason I started this thread, what we have ended up with is Chochokeira attempting to goad and disrupt?

Business as usual.  ::)


Hartley

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #12 on: January 24, 2012, 03:32:PM »
I've already said as much elswhere.  I think it's a mistake to talk of reclaiming lost possessions, imo.  It's premature in the extreme.
That's the opinion that I have also given.

Jackiepreece

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #13 on: January 24, 2012, 03:35:PM »
Start writing Grahame I really believe there is going to be a positive outcome.

Could you add in a bit of fiction like me having a torrid love affair with Ngb but it has to be a happy ending book

Online ngb1066

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Re: Criminal Justice Act 1988 - S.133 Compensation
« Reply #14 on: January 24, 2012, 03:38:PM »
Hartley you seem to have researched the compensation subject fully

Ngb will it take a while to come through if there is compensation?Jeremy did say there were some bidding wars going on over the film and book rights but he did say they offer really generous advances.  At least he will have good funds until any compensation is awarded

It would take time for compensation to be paid.  It is possible for an interim award to be made pending the determination of the final award.