Practice and Procedure

O'BRIEN & ORS v INDEPENDENT ASSESSOR (2007)

PUBLISHED March 14, 2007
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[2007] UKHL 10

When assessing compensation for a miscarriage of justice under the Criminal Justice Act 1988 s.133, the assessor should, if making an award for lost earnings, make a deduction to take into account the living expenses that the prisoner would have incurred had he not been in prison. Further, when making a deduction from compensation to take into account the prisoner's "other convictions...and any punishment resulting from them", the assessor was not bound to follow the decision of a previous assessor.

HL (Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood)

14/03/2007

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