Criminal Justice and Immigration Act 2008

Compensation for miscarriages of justice

29 (1) Section 276 (compensation for miscarriages of justice) is amended as follows.

(2) In subsection (1) for “subsections (2) and (3)” substitute “subsections (2) to (3A)”.

(3) At the end of subsection (3) insert “before the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned.

(3A) But the Secretary of State may direct that an application for compensation made after the end of that period is to be treated as if it had been made within that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.”

(4) For subsection (6) substitute—

“(6) Section 276A applies in relation to the assessment of the amount of the compensation.”

(5) After subsection (7) insert—

“(7A) But in a case where—

(a) a person’s conviction for an offence is quashed on an appeal out of time, and

(b) the person is to be subject to a retrial,

the conviction is not to be treated for the purposes of subsection (1) as “reversed” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.”