LawPod16 Jun 2022

Innocence in the criminal justice system

This episode focuses on how the law views the concept of innocence in the criminal justice system, particularly when it comes to compensation for someone who was wrongly convicted. Host Anurag Deb (PhD student, School of Law) interviews Hugh Southey QC, of Matrix Chambers (London), who practices at the Bars of England and Wales and Northern Ireland, sits as a Deputy High Court Judge and a Recorder in the Crown Court of England and Wales and is an Acting Justice of the Grand Court of the Cayman Islands. Hugh has a broad public law practice, specialising in human rights, crime, immigration, extradition, terrorism, inquests, immigration, discrimination and privacy. He also acted in a number of cases which are discussed in the episode, including R (Adams and others) v Justice Secretary [2011] UKSC 18 and Allen v United Kingdom (2016) 63 EHRR 10. In this episode, Hugh shares his insights into acting in Adams and the various ways in which the criminal justice system, and the courts generally, view innocence. At times, these views differ considerably from how the concept is understood in wider society. These differences allow us not only to understand how the law treats people who have been charged with and convicted of criminal offences, but also how we, as a society, view the notion of innocence in criminal matters. The cases referenced in this episode are: R (Adams and others) v Justice Secretary [2011] UKSC 18 https://www.bailii.org/uk/cases/UKSC/2011/18.html Allen v United Kingdom (2016) 63 EHRR 10 https://www.bailii.org/eu/cases/ECHR/2013/678.html R (Hallam and others) v Justice Secretary [2019] UKSC 2 https://www.bailii.org/uk/cases/UKSC/2019/2.html The report referenced in this episode is: ‘Supporting Exonerees: Ensuring accessible, consistent and continuing support’ (2018) by JUSTICE https://files.justice.org.uk/wp-content/uploads/2018/04/06170441/0218037-BROCHURE-Justice-Pro-Bono-brochure-Supporting-Exonerees_07-standard-00000002.pdf

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