, 9 tweets, 5 min read Read on Twitter
1/ Two human rights judgments from the @UKSupremeCourt this morning.

A short thread on why they are both interesting and important
2/ Hallam is about what a 'miscarriage of justice' is and whether the recent (Chris Grayling, for it is he) restrictions on when people can get compensation for being wrongfully convicted are lawful.

Press summary supremecourt.uk/cases/docs/uks…
Judgment supremecourt.uk/cases/docs/uks…
3/ The key argument, based on the presumption of innocence, is below.

The appeal was unsuccessful - so the Supreme Court decided (by 5-2 majority) that the miscarriage of justice compensation scheme was compatible with Article 6 of the European Convention on Human Rights.
4/ Unfortunately, all seven judges gave opinions and the 5 who dismissed the appeal all did it in slightly different ways. Overall, they all seem to think that the case will end up in front of the European Court of Human Rights, but they varied on what they thought it would do
5/ I imagine this will now go to the European Court of Human Rights, and it is anyone's guess what it will do. It does seem a little ridiculous, from a common sense perspective, that people who spend years in prison after being wrongfully convicted almost never get compensation
6/ The justices seem relatively sympathetic to the appeal but discomforted by the 'hopeless and probably irretrievable confusion' the European Court of Human Rights is in over this issue (the extent to which the findings of a civil court can f the presumption of innocence
7/ Supreme Court here is basically telling the European Court to get its house in order over this issue and that would take an authoritative Grand Chamber judgment. There is precedent for this kind of dialogue, e.g. the Al Khawaja litigation on hearsay ukhumanrightsblog.com/2011/12/15/use…
8/ The second judgment in Gallagher is on 'DBS' criminal record checks
Judgment supremecourt.uk/cases/docs/uks…
Press summary supremecourt.uk/cases/docs/uks…
9/ Am running out of battery so here is @libertyhq's summary. Basically, the govt will now need to change the DBS scheme to reduce the number of old convictions which people need to list libertyhumanrights.org.uk/news/press-rel…
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