ABSTRACT
This chapter examines the developments in compensation mechanisms for miscarriages of justice in England and Wales. It sets out the appeal mechanisms, illustrating the tiny number of appellants who are eligible to apply. The ambiguity of the term ‘miscarriage of justice’ led to a lack of clarity that has exercised the courts and Parliament. The chapter charts their narrowing of the criteria to a point where eligibility for compensation requires successful appellants to prove their innocence; an ethos that accords with incursions on other due process protections. We await a decision from the European Court of Human Rights following the decision of the UK Supreme Court in Hallam.
