ABSTRACT
The problem of wrongful conviction is ‘present around the world’. The practices of relevant actors, including lawyers, judges, jurors, experts, law enforcement, and forensic scientists, have also been scrutinised in order to further understand how they might contribute to wrongful conviction, as have the procedures and institutions in which they work to investigate, trial, and appeal cases. The post-conviction relief arena is primarily driven by a need to safeguard both finality interests and institutional settlement. The main government services website underscores the narrow application of the pardon power, stating ‘pardon is only normally granted when the person is innocent of the offence and where a request has been made by someone with a vested interest such as a family member’. Further, the courts have determined an applicant’s innocence must be both moral and technical.
