Anti-Social Behaviour, Crime and Policing Bill — Clause 151 — Definition of Miscarriages of Justice — 4 Feb 2014 at 15:15

The majority of MPs voted to require a person be shown to be innocent of the offence they have been convicted of for a miscarriage of justice to be considered to have taken place. The alternative definition of a miscarriage of justice rejected in this vote was showing conclusively that the evidence against the person at trial is so undermined that no conviction could possibly be based on it.

MPs were considering the Anti-Social Behaviour, Crime and Policing Bill^[1]. The motion passed in this vote was:

• That this House disagrees with Lords amendment 112.

Lords amendment 112^[2][3] stated:

• Page 121, line 23, leave out from “shows” to “(and” in line 24 and insert “conclusively that the evidence against the person at trial is so undermined that no conviction could possibly be based on it”

This would have affected clause 151 of the Bill^[4] titled Compensation for miscarriages of justice. Lords amendment 112 would have changed wording of the definition of a miscarriage of justice in that clause from:

• if the new or newly discovered fact shows beyond reasonable doubt that the person was innocent of the offence

to

• if the new or newly discovered fact shows conclusively that the evidence against the person at trial is so undermined that no conviction could possibly be based on it

The Lords wished to retain the concept of innocent until proven guilty; the text in the Bill which the majority of MPs voted to retain requires an individual's innocence to be shown.

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• [1] Parliament's webpage on the Anti-Social Behaviour, Crime and Policing Bill (now an Act)
• [2] Lords amendments to the Anti-Social Behaviour, Crime and Policing Bill
• [3] Page of Lords amendments to the Anti-Social Behaviour, Crime and Policing Bill containing amendment 112
• [4] Clause 151 to the Anti-Social Behaviour, Crime and Policing Bill

Debate in Parliament | Source |