- 12 Mar 2020
Date received: 19 Feb 2020
Date responded: 12 Mar 2020
How many applications under section 133 of the Criminal Justice Act 1988 have satisfied each of the four categorisations set out by the Supreme Court's judgment in McCartney and others v. the Secretary of State for Justice in May 2011; and where applications have been successful under section 133, how many payments have been paid out under Category 1, and how many payments have been paid out under Category 2; and
Since the amendment of section 133 of the Criminal Justice Act 1988 by section 175 of the Anti-social Behaviour, Crime and Policing Act 2014 to the present day, how many applications have satisfied each of the court's categorisations and, where applications have been successful under the amended criteria, how many payments have been paid out under Category 1, and how many payments have been paid out under Category 2?
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. The reasons why we don't have theinformation are explained below:
The Scottish Government does not have the information that you have requested because, in determining whether applicants for compensation following a miscarriage of justice are eligible for compensation, the Scottish Government does not record which, if any, of the four categories of ‘miscarriage of justice’ set out in the Supreme Court’s judgment in McCartney (& others) v. The Secretary of State for Justice (May 2011) an applicant’s case is considered to fall into.
You may also wish to note that the amendments to section 133 of the Criminal Justice Act 1988 contained in the Anti-social Behaviour, Policing and Crime Act 2014 apply to that provision only as it has effect in England and Wales and do not have effect with regards to the law in Scotland.
However, I can provide the following information which may be of interest to you.
As you may be aware, the Scottish Government operates two schemes for compensation following a miscarriage of justice, the statutory scheme at section 133 of the Criminal Justice Act 1988 and the ex gratia scheme. More information about these two schemes can be found at https://www.mygov.scot/compensation-miscarriage-justice/eligibility/
Since May 2011, the Scottish Government has determined that 4 individuals are eligible for compensation as a result of a miscarriage of justice. All four of those individuals were determined to be eligible under the ex gratia scheme rather than the statutory scheme.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House