PART 13Criminal justice and court fees

175Compensation for miscarriages of justice

1

In section 133 of the Criminal Justice Act 1988 (compensation for miscarriages of justice) after subsection (1) there is inserted—

1ZA

For the purposes of subsection (1), there has been a miscarriage of justice in relation to a person convicted of a criminal offence in England and Wales or, in a case where subsection (6H) applies, Northern Ireland, if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence (and references in the rest of this Part to a miscarriage of justice are to be construed accordingly).

2

Subsection (1ZA) of section 133 of the Criminal Justice Act 1988 has effect in relation to—

a

any application for compensation made under subsection (2) of that section on or after the day on which this section comes into force, and

b

any application for compensation made before that day in relation to which the question whether there is a right to compensation has not been finally determined before that day by the Secretary of State under subsection (3) of that section.