The Weekly Law Reports
[2007] 2 WLR 544
House of Lords
Regina (O'Brien and others) v Independent Assessor
[2007] UKHL 10
2007 Jan 29,
30;
March 14
March 14
Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell and Lord Brown of Eaton-under-Heywood
Crime
— Miscarriage of justice
— Statutory compensation
— Pecuniary and non-pecuniary loss
— Independent assessor making deductions from awards for loss of earnings to reflect living expenses during period of imprisonment
— Whether deductions appropriate
— Percentage deductions from awards for non-pecuniary loss because of applicants' criminality
— Disparity with award made to co-defendant in earlier proceedings
— Whether independent assessor bound by principles of legal consistency to follow earlier decision
—
Criminal Justice Act 1988 (c 33), s. 133(4A)(c) (as inserted by Criminal Appeal Act 1995 (c 35), s. 28)