LEGAL FEES

Currently there is no provision to allow a defendant who does not qualify for legal aid to recoup the cost of his legal fees which can leave someone who is falsely accused in real financial hardship. Someone charged with a crime has no choice but to defend themselves and there is no way of settling a criminal case as there may be in a civil case. If the State chooses to prosecute an individual for a criminal offence, if that prosecution fails then it must be fair for the costs of the individual to be paid or at the very least to be considered. We think the fairest way forward is for the jury to decide as they will be best placed to know whether a decision to reimburse is a just one.

COMPENSATION

The same should be the case for applications for compensation after a miscarriage of justice where individuals have served terms in custody before their convictions were reversed. These are currently decided on paper by the Justice Secretary. Compensation will only be considered where the conviction was reversed on the ground that a new or newly discovered facts shows beyond reasonable doubt that the person did not commit the offence. This is a high bar and one that many entirely innocent individuals would not be able to meet. Only the jury that tried the case would know whether they had found the defendant not guilty because they felt the evidence fell just short of making them sure of guilt or instead whether they were satisfied of innocence. This distinction cannot be gleaned simply from a jury’s not guilty verdicts. The jury will have seen and heard all of the evidence live and considered all of the arguments made on both sides. They must surely be the best placed body to decide whether an individual deserves compensation. Allowing the jury that tried the case to make this decision is the only way to ensure that those who are deserving of compensation receive it.

If you agree with the above, please see below what we propose

BUCKLES LAW

When a defendant who has funded his/her own defence is found not guilty by a jury, the jury should be asked to retire again and answer the following question yes or no. If a majority direction had been given the judge should accept a majority answer.

Legal Fees

Compensation

Members of the jury a second question arises in the Defendant's case. He/She has spent (X years/months/days) in custody due solely to the allegations that you have tried.  I would Ask that you answer this second question either Yes or No.

Do you the jury consider it be fair for the defendant to be compensated by the State for the time he/she has spent in Custody. 

Thank you for taking the time to read and hopefully agreeing to sign the petition for a new Law to be passed.Share