Justice Action Policy

The present system of providing compensation to the victims of miscarriages of justice is inadequate. To ensure equality of access and equity, an independent Miscarriages of Justice Compensation Tribunal should be established to assess the compensation to be paid to those wrongly arrested, detained, prosecuted, convicted or imprisoned for a crime. Founding considerations should be those of Section 14(6) of the International Covenant on Civil and Political Rights.

Compensation should be based on:

(i) the impact of the wrongful arrest, detention, prosecution or conviction and
(ii) the impact of any period of wrongful imprisonment.

In determining the quantum, the Tribunal should be able to consider all aggravating and mitigating factors. However victims should not be required to establish any specific wrongdoing by the prosecution, other than that there has been a miscarriage of justice.

Background of Victim of Injustice in New South Wales - Tim Anderson

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