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Miscarriage of Justice Essay Sample

This essay sample shall include the definition of a miscarriage of justice, miscarriage of justice explanation under Section 2 of Criminal Procedure Act, 1993 (Irish legislation), and Irish case law on the miscarriage of justice.

Miscarriage of justice includes any wrongful conviction of a person accused by the court of law due to a gross error in the criminal investigation.

Miscarriage of Justice Essay Sample

It can occur due to reasons like non-disclosure of evidence by the prosecution or police, false confessions, wrong testimony, poor identification of a person, statements given by the witness who is of unsound mind, the coercive statement made in fear of the police, fabrication of evidence, use of prison informants, misconduct or any such other gross negligence.

This act of unjust or miscarriage or gross outcome is due to an error made in the court of law against a person who is innocent or nonguilty.

Miscarriage of Justice under Section 2 of The Criminal Procedure Act, 1993 (Irish legislation) 

The concept of a miscarriage of justice is addressed in Irish law under section 2 of the Criminal Procedure Act, 1993.

Section 2(1)(b) of the Criminal Procedure Act, 1993 states that if a conviction is wrong and the sentence is imposed excessively. A person may apply to the court for the quashing of conviction or review of the sentence if there are no further proceedings pending in relation to the appeal.

Such an appeal can be made on the basis of any new fact or discovery of a new fact in relation to the crime for which the person is wrongly convicted by the court of law.

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Section 2(3) of the Criminal Procedure Act, 1993 states the explanation of a ‘new fact’ that is mentioned under section 2(1)(b).

A ‘new fact’ is a fact that is already known to a person who is convicted at the time of appeal proceedings or trial proceedings. He alleges that there is reasonable cause for his failure to adduce evidence of such fact and has an explanation in support of it.

Section 2(4) of the Criminal Procedure Act, 1993 explains the ‘newly discovered fact.’ This fact is newly discovered by the convicted person after any relevant appeal proceedings are determined. It was not duly appreciated during the trial or appeal proceedings due to many reasons.

Section 2(5)(b) of The Criminal Procedure Act, 1993 states that if there has been a miscarriage of justice due to not noticing any new fact or discovery of fact, or due to not proper hearing of the matter. In such a case a person may apply to the court of law for quashing of the order or sentence review.

Irish Case Law of Yusuf Ali Abdi for the Miscarriage of Justice 

Yusuf Ali Abdi was charged with the murder of his infant son in the year April 2001. His first trial took place in May 2003 and his final trial in December 2019 after few years of his conviction.

In the year 2003, he was convicted of the murder of his child and was tried in the Central Criminal Court. His statement of defense was not accepted duly by the jury and he was convicted of the murder on the grounds of sanity.

The evidence of suffering from the disease of Schizophrenia was rejected in his original trial and an appeal to the Court of Criminal Appeal was unsuccessful.

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After a few years of his conviction, it was found that he was actually suffering from Schizophrenia and this was diagnosed by the Psychiatrists of the Central Mental Hospital. New symptoms, conditions,s, and behavior were discovered as a fact.

He applied to the Court of Appeal for quashing of an order under section 2 of the Criminal Procedure Act, 1993. The jury held him not guilty on the grounds of insanity. The jury claimed that there is evidence that proves that Mr. Abidi was suffering from the delusion that was overpowering his mental state arising from Schizophrenia.

The Court of Appeal quashed his order for conducting a re-trial. In the re-trial, it was held that Mr. Abdi suffered from Schizophrenia at the time of his first trial and it became an accepted fact.

Compensation granted due to Miscarriage of Justice

Under Section 9 of the Criminal Procedure Act, 1993 a fair amount of compensation is being granted to the person who is wrongfully convicted of an offense. The Director of Public Prosecutions accepted the amount granted on acquittal.

It was concluded by Mr. Justice Owens that similar cases have arisen in the past acting as a precedent to such cases.

Court held that there was no reason why an incorrect diagnosis should be treated differently from any other expert error. Court has issued a certificate in this regard.

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The above-written sample is based on the concept of Miscarriage of Justice in Ireland and it’s an explanation in the Irish legislation.

Criminal Law QQI Level 5, Sociology QQI Level 5, Criminology and Social Studies Course QQI Level 5, Certificate in Legal Studies QQI Level 5, Legal Practice and Procedures Course (5N1394) QQI Level 5, Criminal Law FETAC Level 5, Legal Studies FETAC Level 5 students can read this sample specifically to gain professional knowledge on criminal injustice or miscarriage of law.

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