• Man jailed for 1986 murder acquitted after 38 years

    From Jethro_uk@21:1/5 to All on Tue May 13 14:28:12 2025
    The lack of mention of compensation in the article suggests he's likely
    not getting any. Presumably the prison service aren't going to let that
    stop them charging him c. £500k board and lodging (14,113 nights @ £30
    night sounds fair).

    Of course while he was rotting in jail, the search for the real killer
    stopped. Let's hope they didn't strike again.

    Yet another advertisement for the death penalty, surely.

    https://www.bbc.co.uk/news/articles/ce809e3gd1xo

    A man who has served almost 38 years in prison for the murder of a woman
    has had his conviction quashed by the Court of Appeal after new DNA
    evidence emerged.

    Peter Sullivan was jailed over the 1986 killing of 21-year-old barmaid
    Diane Sindall, who was subjected to a frenzied sexual attack in
    Birkenhead, Merseyside, as she walked home from a shift.

    The Criminal Cases Review Commission (CCRC) - the statutory body set up
    to investigate potential miscarriages of justice - had referred Mr
    Sullivan's case back to the appeal court last year after fresh testing
    found a DNA profile pointing to an unknown attacker in semen samples
    preserved from the crime scene.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to jethro_uk@hotmailbin.com on Tue May 13 15:19:27 2025
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    The lack of mention of compensation in the article suggests he's likely
    not getting any. Presumably the prison service aren't going to let that
    stop them charging him c. £500k board and lodging (14,113 nights @ £30 night sounds fair).

    I think the more likely probability is that they decided that delaying
    his release until they work out how much compensation he should get
    would not be in his interests, so the compensation is a separate
    process. Although yeah they'll probably deduct "room and board" for
    all the luxury accommodation he's enjoyed for the last 38 years.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Peter Johnson@21:1/5 to jon+usenet@unequivocal.eu on Tue May 13 16:44:31 2025
    On Tue, 13 May 2025 15:19:27 -0000 (UTC), Jon Ribbens <jon+usenet@unequivocal.eu> wrote:

    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    The lack of mention of compensation in the article suggests he's likely
    not getting any. Presumably the prison service aren't going to let that
    stop them charging him c. £500k board and lodging (14,113 nights @ £30
    night sounds fair).

    I think the more likely probability is that they decided that delaying
    his release until they work out how much compensation he should get
    would not be in his interests, so the compensation is a separate
    process. Although yeah they'll probably deduct "room and board" for
    all the luxury accommodation he's enjoyed for the last 38 years.

    I thought they'd stopped, or were stopping, deducting board and
    lodging costs from compensation.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to Peter Johnson on Tue May 13 15:58:38 2025
    On 2025-05-13, Peter Johnson <peter@parksidewood.nospam> wrote:
    On Tue, 13 May 2025 15:19:27 -0000 (UTC), Jon Ribbens
    <jon+usenet@unequivocal.eu> wrote:
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    The lack of mention of compensation in the article suggests he's likely
    not getting any. Presumably the prison service aren't going to let that
    stop them charging him c. £500k board and lodging (14,113 nights @ £30 >>> night sounds fair).

    I think the more likely probability is that they decided that delaying
    his release until they work out how much compensation he should get
    would not be in his interests, so the compensation is a separate
    process. Although yeah they'll probably deduct "room and board" for
    all the luxury accommodation he's enjoyed for the last 38 years.

    I thought they'd stopped, or were stopping, deducting board and
    lodging costs from compensation.

    Ah, you're right, they stopped in 2023:

    https://www.gov.uk/government/news/wrongly-convicted-no-longer-face-being-charged-for-saved-living-expenses

    The maximum amount available is £1,000,000 for over 10 years'
    imprisonment, so that's how much he'll get, presumably.

    It seems a bit weird the maximum isn't £1m *per* 10 years...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to All on Tue May 13 16:04:21 2025
    On 13 May 2025 at 16:58:38 BST, "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote:

    On 2025-05-13, Peter Johnson <peter@parksidewood.nospam> wrote:
    On Tue, 13 May 2025 15:19:27 -0000 (UTC), Jon Ribbens
    <jon+usenet@unequivocal.eu> wrote:
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    The lack of mention of compensation in the article suggests he's likely >>>> not getting any. Presumably the prison service aren't going to let that >>>> stop them charging him c. £500k board and lodging (14,113 nights @ £30 >>>> night sounds fair).

    I think the more likely probability is that they decided that delaying
    his release until they work out how much compensation he should get
    would not be in his interests, so the compensation is a separate
    process. Although yeah they'll probably deduct "room and board" for
    all the luxury accommodation he's enjoyed for the last 38 years.

    I thought they'd stopped, or were stopping, deducting board and
    lodging costs from compensation.

    Ah, you're right, they stopped in 2023:

    https://www.gov.uk/government/news/wrongly-convicted-no-longer-face-being-charged-for-saved-living-expenses

    The maximum amount available is £1,000,000 for over 10 years'
    imprisonment, so that's how much he'll get, presumably.

    It seems a bit weird the maximum isn't £1m *per* 10 years...

    A logarithmic scale would be fairer.


    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Jon Ribbens on Tue May 13 16:18:57 2025
    On Tue, 13 May 2025 15:19:27 +0000, Jon Ribbens wrote:

    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    The lack of mention of compensation in the article suggests he's likely
    not getting any. Presumably the prison service aren't going to let that
    stop them charging him c. £500k board and lodging (14,113 nights @ £30
    night sounds fair).

    I think the more likely probability is that they decided that delaying
    his release until they work out how much compensation he should get
    would not be in his interests, so the compensation is a separate
    process. Although yeah they'll probably deduct "room and board" for all
    the luxury accommodation he's enjoyed for the last 38 years.

    If they play their cards right, he'll die before they get round to it. 38
    years in jail suggests they weren't in much of a hurry the first time,

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Roger Hayter on Tue May 13 16:19:43 2025
    On Tue, 13 May 2025 16:04:21 +0000, Roger Hayter wrote:

    On 13 May 2025 at 16:58:38 BST, "Jon Ribbens"
    <jon+usenet@unequivocal.eu>
    wrote:

    On 2025-05-13, Peter Johnson <peter@parksidewood.nospam> wrote:
    On Tue, 13 May 2025 15:19:27 -0000 (UTC), Jon Ribbens
    <jon+usenet@unequivocal.eu> wrote:
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    The lack of mention of compensation in the article suggests he's
    likely not getting any. Presumably the prison service aren't going
    to let that stop them charging him c. £500k board and lodging
    (14,113 nights @ £30 night sounds fair).

    I think the more likely probability is that they decided that
    delaying his release until they work out how much compensation he
    should get would not be in his interests, so the compensation is a
    separate process. Although yeah they'll probably deduct "room and
    board" for all the luxury accommodation he's enjoyed for the last 38
    years.

    I thought they'd stopped, or were stopping, deducting board and
    lodging costs from compensation.

    Ah, you're right, they stopped in 2023:

    https://www.gov.uk/government/news/wrongly-convicted-no-longer-face- being-charged-for-saved-living-expenses

    The maximum amount available is £1,000,000 for over 10 years'
    imprisonment, so that's how much he'll get, presumably.

    It seems a bit weird the maximum isn't £1m *per* 10 years...

    A logarithmic scale would be fairer.

    Or, more appropriately, no amount.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to jethro_uk@hotmailbin.com on Tue May 13 16:25:55 2025
    On 13 May 2025 at 17:19:43 BST, "Jethro_uk" <jethro_uk@hotmailbin.com> wrote:

    On Tue, 13 May 2025 16:04:21 +0000, Roger Hayter wrote:

    On 13 May 2025 at 16:58:38 BST, "Jon Ribbens"
    <jon+usenet@unequivocal.eu>
    wrote:

    On 2025-05-13, Peter Johnson <peter@parksidewood.nospam> wrote:
    On Tue, 13 May 2025 15:19:27 -0000 (UTC), Jon Ribbens
    <jon+usenet@unequivocal.eu> wrote:
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    The lack of mention of compensation in the article suggests he's
    likely not getting any. Presumably the prison service aren't going >>>>>> to let that stop them charging him c. £500k board and lodging
    (14,113 nights @ £30 night sounds fair).

    I think the more likely probability is that they decided that
    delaying his release until they work out how much compensation he
    should get would not be in his interests, so the compensation is a
    separate process. Although yeah they'll probably deduct "room and
    board" for all the luxury accommodation he's enjoyed for the last 38 >>>>> years.

    I thought they'd stopped, or were stopping, deducting board and
    lodging costs from compensation.

    Ah, you're right, they stopped in 2023:

    https://www.gov.uk/government/news/wrongly-convicted-no-longer-face-
    being-charged-for-saved-living-expenses

    The maximum amount available is £1,000,000 for over 10 years'
    imprisonment, so that's how much he'll get, presumably.

    It seems a bit weird the maximum isn't £1m *per* 10 years...

    A logarithmic scale would be fairer.

    Or, more appropriately, no amount.

    10^2.8 million for 38 years of someone's life doesn't seem excessive.

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Roger Hayter on Tue May 13 17:09:24 2025
    On Tue, 13 May 2025 16:25:55 +0000, Roger Hayter wrote:

    On 13 May 2025 at 17:19:43 BST, "Jethro_uk" <jethro_uk@hotmailbin.com>
    wrote:

    On Tue, 13 May 2025 16:04:21 +0000, Roger Hayter wrote:

    On 13 May 2025 at 16:58:38 BST, "Jon Ribbens"
    <jon+usenet@unequivocal.eu>
    wrote:

    On 2025-05-13, Peter Johnson <peter@parksidewood.nospam> wrote:
    On Tue, 13 May 2025 15:19:27 -0000 (UTC), Jon Ribbens
    <jon+usenet@unequivocal.eu> wrote:
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    The lack of mention of compensation in the article suggests he's >>>>>>> likely not getting any. Presumably the prison service aren't going >>>>>>> to let that stop them charging him c. £500k board and lodging
    (14,113 nights @ £30 night sounds fair).

    I think the more likely probability is that they decided that
    delaying his release until they work out how much compensation he
    should get would not be in his interests, so the compensation is a >>>>>> separate process. Although yeah they'll probably deduct "room and
    board" for all the luxury accommodation he's enjoyed for the last
    38 years.

    I thought they'd stopped, or were stopping, deducting board and
    lodging costs from compensation.

    Ah, you're right, they stopped in 2023:

    https://www.gov.uk/government/news/wrongly-convicted-no-longer-face-
    being-charged-for-saved-living-expenses

    The maximum amount available is £1,000,000 for over 10 years'
    imprisonment, so that's how much he'll get, presumably.

    It seems a bit weird the maximum isn't £1m *per* 10 years...

    A logarithmic scale would be fairer.

    Or, more appropriately, no amount.

    10^2.8 million for 38 years of someone's life doesn't seem excessive.

    I was just noting that the platitude that "no amount of money could make
    up for 38 years wrongful incarceration" is ambiguous at best.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to All on Tue May 13 17:26:37 2025
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to jethro_uk@hotmailbin.com on Tue May 13 17:51:39 2025
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find,
    total lack of reporting is: why was he still in prison after
    38 years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot
    be paroled, then surely this policy needs reviewing, or at the
    very least, anyone who is still in prison long after their minimum
    sentence has expired simply because they continue to insist that they
    didn't do it needs to have expedited and prioritised case reviews
    available to them.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Sam Plusnet@21:1/5 to All on Tue May 13 19:36:59 2025
    On 13/05/2025 17:18, Jethro_uk wrote:
    On Tue, 13 May 2025 15:19:27 +0000, Jon Ribbens wrote:

    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    The lack of mention of compensation in the article suggests he's likely
    not getting any. Presumably the prison service aren't going to let that
    stop them charging him c. £500k board and lodging (14,113 nights @ £30 >>> night sounds fair).

    I think the more likely probability is that they decided that delaying
    his release until they work out how much compensation he should get
    would not be in his interests, so the compensation is a separate
    process. Although yeah they'll probably deduct "room and board" for all
    the luxury accommodation he's enjoyed for the last 38 years.

    If they play their cards right, he'll die before they get round to it. 38 years in jail suggests they weren't in much of a hurry the first time,

    They probably assumed he was guilty of lots of things that he got away
    with, so...

    --
    Sam Plusnet

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to Jon Ribbens on Tue May 13 21:13:23 2025
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find,
    total lack of reporting is: why was he still in prison after
    38 years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot
    be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application
    for parole, nor is denial of guilt an automatic bar to release
    on parole licence.

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt
    or innocence, and

    * your case will be considered on the basis that you were rightfully convicted.*

    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place]

    :unquote

    https://prisonreformtrust.org.uk/wp-content/uploads/old_files/Documents/Parole%20Information%20Booklet.pdf

    This is a manifest injustice which seems to surface at regular intervals
    with accompanying calls for reform; and then just as quickly seems to lose
    all momentum and fades from view.


    bb

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Norman Wells@21:1/5 to billy bookcase on Wed May 14 08:09:48 2025
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find,
    total lack of reporting is: why was he still in prison after
    38 years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot
    be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application
    for parole, nor is denial of guilt an automatic bar to release
    on parole licence.

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt
    or innocence, and

    * your case will be considered on the basis that you were rightfully convicted.*

    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place]

    If only protesting your innocence were a firm indication of actual
    innocence, life would be so much easier all round. We wouldn't need
    trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages. But the
    problem is no-one knows which they are. All we can do is try to
    minimise them, which I think we do through all the safeguards that are currently in place as regards CPS appraisal, proof beyond reasonable
    doubt, juries usually having to be unanimous etc, and by providing a
    system of review when new compelling evidence comes to light.

    It is very rare that you can say someone was not rightfully convicted on
    the evidence presented in court. If it subsequently turns out that they
    did not commit the crime, it's right they should be compensated, but
    again it's not easy to say they didn't actually do it. Very often there
    is remaining doubt such that the conviction is 'unsafe' but there is no
    proof of innocence. What we should do in such circumstances Is a matter
    for society. It's above my pay grade.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From The Todal@21:1/5 to Norman Wells on Wed May 14 08:40:17 2025
    On 14/05/2025 08:09, Norman Wells wrote:
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find,
    total lack of reporting is: why was he still in prison after
    38 years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot
    be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application
    for parole, nor is denial of guilt an automatic bar to release
    on parole licence.

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt
    or innocence, and

    * your case will be considered on the basis that you were rightfully
    convicted.*

      The Board will consider the likelihood of you  reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place]

    If only protesting your innocence were a firm indication of actual
    innocence, life would be so much easier all round.  We wouldn't need
    trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages.  But the
    problem is no-one knows which they are.  All we can do is try to
    minimise them, which I think we do through all the safeguards that are currently in place as regards CPS appraisal, proof beyond reasonable
    doubt, juries usually having to be unanimous etc, and by providing a
    system of review when new compelling evidence comes to light.

    One problem is that the Criminal Cases Review Commission has shown
    itself to be slow, under-resourced, underskilled, perhaps because the establishment does not really want to burden the Court of Appeal with
    such cases if there is any pretext for rejecting them.



    It is very rare that you can say someone was not rightfully convicted on
    the evidence presented in court.

    How do you know? There may be many people who are convicted but know
    that they did not commit the crime. There are many cases where the
    conviction is set aside because of some procedural error by the trial
    judge. So I don't think "very rare" is accurate.


      If it subsequently turns out that they
    did not commit the crime, it's right they should be compensated, but
    again it's not easy to say they didn't actually do it.  Very often there
    is remaining doubt such that the conviction is 'unsafe' but there is no
    proof of innocence.  What we should do in such circumstances Is a matter
    for society.  It's above my pay grade.




    I think Peter Sullivan can qualify for compensation, fortunately for
    him, but it won't make up for the many wasted years.

    Just look at how long it took for the CCRC to do something for him. What
    a leisurely process.

    https://ccrc.gov.uk/decision/sullivan-peter/

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Norman Wells on Wed May 14 07:54:54 2025
    On Wed, 14 May 2025 08:09:48 +0100, Norman Wells wrote:

    In any system of justice there will be some miscarriages.

    Which make calls for the death penalty interesting.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to The Todal on Wed May 14 07:57:50 2025
    On Wed, 14 May 2025 08:40:17 +0100, The Todal wrote:

    I think Peter Sullivan can qualify for compensation

    I am thinking that the lack of reporting on that suggests otherwise. AIUI
    the Supreme Court ruling on this effectively separated wrongful
    convictions from miscarriages of justice. With the ruling that you don't
    get no compensation for a wrongful conviction unless it is also a
    miscarriage of justice.

    I am ready to be corrected by the legal profession.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From The Todal@21:1/5 to All on Wed May 14 09:08:24 2025
    On 14/05/2025 08:57, Jethro_uk wrote:
    On Wed, 14 May 2025 08:40:17 +0100, The Todal wrote:

    I think Peter Sullivan can qualify for compensation

    I am thinking that the lack of reporting on that suggests otherwise. AIUI
    the Supreme Court ruling on this effectively separated wrongful
    convictions from miscarriages of justice. With the ruling that you don't
    get no compensation for a wrongful conviction unless it is also a
    miscarriage of justice.

    I am ready to be corrected by the legal profession.


    I think the rule is:

    the conviction must have been reversed, or the applicant pardoned, on
    the ground that a new or newly discovered fact shows beyond reasonable
    doubt that the person did not commit the offence, unless the
    non–disclosure of this fact was wholly or partially attributable to the applicant.

    unquote

    So I think it does apply to Sullivan but he'd have to make his
    application and then tell the world whether he was successful in getting compensation. Basically, if he had been re-tried with the new evidence
    no properly directed jury could have convicted him. There are of course
    other cases where it can be said that the jury would probably have given
    the defendant the benefit of the doubt but could have decided to convict.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to jethro_uk@hotmailbin.com on Wed May 14 09:49:49 2025
    "Jethro_uk" <jethro_uk@hotmailbin.com> wrote in message news:1001idu$3dogj$47@dont-email.me...

    On Wed, 14 May 2025 08:40:17 +0100, The Todal wrote:

    I think Peter Sullivan can qualify for compensation

    I am thinking that the lack of reporting on that suggests otherwise.

    Surely Jon Ribbens has already covered this point ?

    Once the judgement was given. he had to be released immediately..

    Whereas his eligibility for compensation and the amount he was due,
    which formed no part of that judgement would take some time to
    determine (see Post Office claimants). And so couldn't be announced
    at the same time


    bb

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to Norman Wells on Wed May 14 10:05:05 2025
    "Norman Wells" <hex@unseen.ac.am> wrote in message news:m8ittsFj7ssU1@mid.individual.net...
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find,
    total lack of reporting is: why was he still in prison after
    38 years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot
    be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application
    for parole,

    (A) nor is denial of guilt an automatic bar to release on parole licence.


    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt
    or innocence, and


    (B) * your case will be considered on the basis that you were rightfully convicted.*


    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place]

    If only protesting your innocence were a firm indication of actual innocence, life
    would be so much easier all round. We wouldn't need trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages. But the problem is no-one
    knows which they are. All we can do is try to minimise them, which I think we do
    through all the safeguards that are currently in place as regards CPS appraisal, proof
    beyond reasonable doubt, juries usually having to be unanimous etc, and by providing a
    system of review when new compelling evidence comes to light.

    It is very rare that you can say someone was not rightfully convicted on the evidence
    presented in court. If it subsequently turns out that they did not commit the crime,
    it's right they should be compensated, but again it's not easy to say they didn't
    actually do it. Very often there is remaining doubt such that the conviction is
    'unsafe' but there is no proof of innocence. What we should do in such circumstances
    Is a matter for society. It's above my pay grade.

    I'm not really sure how that addresses the point that I'm making.

    Which is that on the one hand the Parole System can't be seen as a back-stop for an inadequate Appeals System.

    While on the other hand for a prisoner to be considered for Parole there
    must be some evidence that they've benefited from their sentence, that
    they have learned their lesson. Which they obviously can't demonstrate
    if they're claiming that they should never have been there in the first place.

    In short. if the Parole Board are obliged to accept that the applicant was rightly
    convicted, (B above) then if they insist they are innocent (A above) then surely
    the Parole Board has no option but to conclude that they are [still] lying ?

    And thus are unsuitable for Parole.


    bb





    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Norman Wells@21:1/5 to The Todal on Wed May 14 10:15:59 2025
    On 14/05/2025 08:40, The Todal wrote:
    On 14/05/2025 08:09, Norman Wells wrote:
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find,
    total lack of reporting is: why was he still in prison after
    38 years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot
    be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application
    for parole, nor is denial of guilt an automatic bar to release
    on parole licence.

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt
    or innocence, and

    * your case will be considered on the basis that you were rightfully
    convicted.*

      The Board will consider the likelihood of you  reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place]

    If only protesting your innocence were a firm indication of actual
    innocence, life would be so much easier all round.  We wouldn't need
    trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages.  But the
    problem is no-one knows which they are.  All we can do is try to
    minimise them, which I think we do through all the safeguards that are
    currently in place as regards CPS appraisal, proof beyond reasonable
    doubt, juries usually having to be unanimous etc, and by providing a
    system of review when new compelling evidence comes to light.

    One problem is that the Criminal Cases Review Commission has shown
    itself to be slow, under-resourced, underskilled, perhaps because the establishment does not really want to burden the Court of Appeal with
    such cases if there is any pretext for rejecting them.

    It is very rare that you can say someone was not rightfully convicted
    on the evidence presented in court.

    How do you know? There may be many people who are convicted but know
    that they did not commit the crime.

    If that were the case, I think there would be a lot more noise from them
    than there appears to be.

    There are many cases where the
    conviction is set aside because of some procedural error by the trial
    judge. So I don't think "very rare" is accurate.

    I don't really think that's true. Where there is a procedural error by
    the judge, that should be and usually is very apparent to the defence
    team and provides grounds for immediate appeal. Auriol Grey is of
    course a case in point. Even though there the defence team seemed a bit
    slow on the uptake, the process worked.

    If it subsequently turns out that they
    did not commit the crime, it's right they should be compensated, but
    again it's not easy to say they didn't actually do it.  Very often
    there is remaining doubt such that the conviction is 'unsafe' but
    there is no proof of innocence.  What we should do in such
    circumstances Is a matter for society.  It's above my pay grade.

    I think Peter Sullivan can qualify for compensation, fortunately for
    him, but it won't make up for the many wasted years.

    Just look at how long it took for the CCRC to do something for him. What
    a leisurely process.

    https://ccrc.gov.uk/decision/sullivan-peter/

    Indeed. Everything ought to work smoothly and efficiently first time
    every time. Where resources are limited, however, they don't.

    I agree he should be compensated for at least the time since he could
    have been exonerated on DNA evidence, but that doesn't cover the whole
    of his time in prison. He was convicted by a jury prior to DNA analysis
    being possible in what we can only assume was a fair trial where all the evidence available at the time was presented. It's the way we determine
    guilt. Was he unfairly convicted, or only unfairly detained for too
    long? For what should compensation be paid?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to Norman Wells on Wed May 14 10:09:01 2025
    On 14 May 2025 at 10:15:59 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 14/05/2025 08:40, The Todal wrote:
    On 14/05/2025 08:09, Norman Wells wrote:
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find,
    total lack of reporting is: why was he still in prison after
    38 years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot
    be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application
    for parole, nor is denial of guilt an automatic bar to release
    on parole licence.

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt
    or innocence, and

    * your case will be considered on the basis that you were rightfully
    convicted.*

    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place]

    If only protesting your innocence were a firm indication of actual
    innocence, life would be so much easier all round. We wouldn't need
    trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages. But the
    problem is no-one knows which they are. All we can do is try to
    minimise them, which I think we do through all the safeguards that are
    currently in place as regards CPS appraisal, proof beyond reasonable
    doubt, juries usually having to be unanimous etc, and by providing a
    system of review when new compelling evidence comes to light.

    One problem is that the Criminal Cases Review Commission has shown
    itself to be slow, under-resourced, underskilled, perhaps because the
    establishment does not really want to burden the Court of Appeal with
    such cases if there is any pretext for rejecting them.

    It is very rare that you can say someone was not rightfully convicted
    on the evidence presented in court.

    How do you know? There may be many people who are convicted but know
    that they did not commit the crime.

    If that were the case, I think there would be a lot more noise from them
    than there appears to be.

    There are many cases where the
    conviction is set aside because of some procedural error by the trial
    judge. So I don't think "very rare" is accurate.

    I don't really think that's true. Where there is a procedural error by
    the judge, that should be and usually is very apparent to the defence
    team and provides grounds for immediate appeal. Auriol Grey is of
    course a case in point. Even though there the defence team seemed a bit
    slow on the uptake, the process worked.

    If it subsequently turns out that they
    did not commit the crime, it's right they should be compensated, but
    again it's not easy to say they didn't actually do it. Very often
    there is remaining doubt such that the conviction is 'unsafe' but
    there is no proof of innocence. What we should do in such
    circumstances Is a matter for society. It's above my pay grade.

    I think Peter Sullivan can qualify for compensation, fortunately for
    him, but it won't make up for the many wasted years.

    Just look at how long it took for the CCRC to do something for him. What
    a leisurely process.

    https://ccrc.gov.uk/decision/sullivan-peter/

    Indeed. Everything ought to work smoothly and efficiently first time
    every time. Where resources are limited, however, they don't.

    I agree he should be compensated for at least the time since he could
    have been exonerated on DNA evidence, but that doesn't cover the whole
    of his time in prison. He was convicted by a jury prior to DNA analysis being possible in what we can only assume was a fair trial where all the evidence available at the time was presented. It's the way we determine guilt. Was he unfairly convicted, or only unfairly detained for too
    long? For what should compensation be paid?

    I believe that people should be compensated for being wrongly convicted
    whether the process was 'fair' or not.

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to billy bookcase on Wed May 14 10:14:07 2025
    On 14 May 2025 at 10:05:05 BST, ""billy bookcase"" <billy@anon.com> wrote:


    "Norman Wells" <hex@unseen.ac.am> wrote in message news:m8ittsFj7ssU1@mid.individual.net...
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find,
    total lack of reporting is: why was he still in prison after
    38 years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot
    be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application
    for parole,

    (A) nor is denial of guilt an automatic bar to release on parole licence.


    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt
    or innocence, and


    (B) * your case will be considered on the basis that you were rightfully convicted.*


    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place]

    If only protesting your innocence were a firm indication of actual innocence,
    life
    would be so much easier all round. We wouldn't need trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages. But the problem is >> no-one
    knows which they are. All we can do is try to minimise them, which I think we
    do
    through all the safeguards that are currently in place as regards CPS
    appraisal, proof
    beyond reasonable doubt, juries usually having to be unanimous etc, and by >> providing a
    system of review when new compelling evidence comes to light.

    It is very rare that you can say someone was not rightfully convicted on the >> evidence
    presented in court. If it subsequently turns out that they did not commit the
    crime,
    it's right they should be compensated, but again it's not easy to say they >> didn't
    actually do it. Very often there is remaining doubt such that the conviction >> is
    'unsafe' but there is no proof of innocence. What we should do in such
    circumstances
    Is a matter for society. It's above my pay grade.

    I'm not really sure how that addresses the point that I'm making.

    Which is that on the one hand the Parole System can't be seen as a back-stop for an inadequate Appeals System.

    While on the other hand for a prisoner to be considered for Parole there
    must be some evidence that they've benefited from their sentence, that
    they have learned their lesson. Which they obviously can't demonstrate
    if they're claiming that they should never have been there in the first place.

    In short. if the Parole Board are obliged to accept that the applicant was rightly
    convicted, (B above) then if they insist they are innocent (A above) then surely
    the Parole Board has no option but to conclude that they are [still] lying ? And thus are unsuitable for Parole.


    bb


    Even if the parole board are allowed to free prisoners who have not admitted their guilt it is obviously hazardous to the reputation of members of said board to do so if the person goes on to commit further crimes. I am not sure what solution is possible. Unless parole is made automatic after a certain
    time in the absence of positive evidence of an intention to commit further crimes. But I don't think the tabloids, and populist politicians, would accept that.






    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Max Demian@21:1/5 to Roger Hayter on Wed May 14 11:43:35 2025
    On 14/05/2025 11:14, Roger Hayter wrote:
    On 14 May 2025 at 10:05:05 BST, ""billy bookcase"" <billy@anon.com> wrote:

    "Norman Wells" <hex@unseen.ac.am> wrote in message
    news:m8ittsFj7ssU1@mid.individual.net...

    You do not have to admit your guilt prior to making an application
    for parole,

    (A) nor is denial of guilt an automatic bar to release on parole licence.


    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt
    or innocence, and


    (B) * your case will be considered on the basis that you were rightfully
    convicted.*


    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place]

    If only protesting your innocence were a firm indication of actual innocence,
    life
    would be so much easier all round. We wouldn't need trials for a start. >>>
    Sadly, however ...

    In any system of justice there will be some miscarriages. But the problem is
    no-one
    knows which they are. All we can do is try to minimise them, which I think we
    do
    through all the safeguards that are currently in place as regards CPS
    appraisal, proof
    beyond reasonable doubt, juries usually having to be unanimous etc, and by >>> providing a
    system of review when new compelling evidence comes to light.

    It is very rare that you can say someone was not rightfully convicted on the
    evidence
    presented in court. If it subsequently turns out that they did not commit the
    crime,
    it's right they should be compensated, but again it's not easy to say they >>> didn't
    actually do it. Very often there is remaining doubt such that the conviction
    is
    'unsafe' but there is no proof of innocence. What we should do in such
    circumstances
    Is a matter for society. It's above my pay grade.

    I'm not really sure how that addresses the point that I'm making.

    Which is that on the one hand the Parole System can't be seen as a back-stop >> for an inadequate Appeals System.

    While on the other hand for a prisoner to be considered for Parole there
    must be some evidence that they've benefited from their sentence, that
    they have learned their lesson. Which they obviously can't demonstrate
    if they're claiming that they should never have been there in the first place.

    In short. if the Parole Board are obliged to accept that the applicant was >> rightly
    convicted, (B above) then if they insist they are innocent (A above) then
    surely
    the Parole Board has no option but to conclude that they are [still] lying ?
    And thus are unsuitable for Parole.


    bb


    Even if the parole board are allowed to free prisoners who have not admitted their guilt it is obviously hazardous to the reputation of members of said board to do so if the person goes on to commit further crimes

    That wouldn't prove that he committed the original offence. And it could
    be because he was corrupted, or learned criminal techniques while in prison.

    --
    Max Demian

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Roger Hayter on Wed May 14 10:53:41 2025
    On Wed, 14 May 2025 10:09:01 +0000, Roger Hayter wrote:

    On 14 May 2025 at 10:15:59 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 14/05/2025 08:40, The Todal wrote:
    On 14/05/2025 08:09, Norman Wells wrote:
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find,
    total lack of reporting is: why was he still in prison after 38
    years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot be >>>>>> paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application
    for parole, nor is denial of guilt an automatic bar to release on
    parole licence.

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt
    or innocence, and

    * your case will be considered on the basis that you were rightfully >>>>> convicted.*

    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place]

    If only protesting your innocence were a firm indication of actual
    innocence, life would be so much easier all round. We wouldn't need
    trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages. But the
    problem is no-one knows which they are. All we can do is try to
    minimise them, which I think we do through all the safeguards that
    are currently in place as regards CPS appraisal, proof beyond
    reasonable doubt, juries usually having to be unanimous etc, and by
    providing a system of review when new compelling evidence comes to
    light.

    One problem is that the Criminal Cases Review Commission has shown
    itself to be slow, under-resourced, underskilled, perhaps because the
    establishment does not really want to burden the Court of Appeal with
    such cases if there is any pretext for rejecting them.

    It is very rare that you can say someone was not rightfully convicted
    on the evidence presented in court.

    How do you know? There may be many people who are convicted but know
    that they did not commit the crime.

    If that were the case, I think there would be a lot more noise from
    them than there appears to be.

    There are many cases where the conviction is set aside because of some
    procedural error by the trial judge. So I don't think "very rare" is
    accurate.

    I don't really think that's true. Where there is a procedural error by
    the judge, that should be and usually is very apparent to the defence
    team and provides grounds for immediate appeal. Auriol Grey is of
    course a case in point. Even though there the defence team seemed a
    bit slow on the uptake, the process worked.

    If it subsequently turns out that they did not commit the crime, it's
    right they should be compensated, but again it's not easy to say they
    didn't actually do it. Very often there is remaining doubt such that
    the conviction is 'unsafe' but there is no proof of innocence. What
    we should do in such circumstances Is a matter for society. It's
    above my pay grade.

    I think Peter Sullivan can qualify for compensation, fortunately for
    him, but it won't make up for the many wasted years.

    Just look at how long it took for the CCRC to do something for him.
    What a leisurely process.

    https://ccrc.gov.uk/decision/sullivan-peter/

    Indeed. Everything ought to work smoothly and efficiently first time
    every time. Where resources are limited, however, they don't.

    I agree he should be compensated for at least the time since he could
    have been exonerated on DNA evidence, but that doesn't cover the whole
    of his time in prison. He was convicted by a jury prior to DNA
    analysis being possible in what we can only assume was a fair trial
    where all the evidence available at the time was presented. It's the
    way we determine guilt. Was he unfairly convicted, or only unfairly
    detained for too long? For what should compensation be paid?

    I believe that people should be compensated for being wrongly convicted whether the process was 'fair' or not.

    That is at odds with the Supreme Court (and presumably the ongoing
    political will) view of life.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Roger Hayter on Wed May 14 12:29:04 2025
    On 14/05/2025 11:14 AM, Roger Hayter wrote:

    [ ... ]

    Even if the parole board are allowed to free prisoners who have not admitted their guilt it is obviously hazardous to the reputation of members of said board to do so if the person goes on to commit further crimes. I am not sure what solution is possible. Unless parole is made automatic after a certain time in the absence of positive evidence of an intention to commit further crimes. But I don't think the tabloids, and populist politicians, would accept
    that.

    If the reputations of members of the Parole Board are worth protecting
    (and I can accept that they are), so too must the lives and property of
    members of the general public be worth protecting.

    And if it were only the "tabloids" (presumably including The Guardian)
    and "populist politicians" who were alive and responsive to that need
    for public protection, let us be thankful that at least someone is.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Norman Wells@21:1/5 to Roger Hayter on Wed May 14 12:25:58 2025
    On 14/05/2025 11:09, Roger Hayter wrote:
    On 14 May 2025 at 10:15:59 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 14/05/2025 08:40, The Todal wrote:
    On 14/05/2025 08:09, Norman Wells wrote:
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find,
    total lack of reporting is: why was he still in prison after
    38 years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot
    be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application
    for parole, nor is denial of guilt an automatic bar to release
    on parole licence.

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt
    or innocence, and

    * your case will be considered on the basis that you were rightfully >>>>> convicted.*

    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place]

    If only protesting your innocence were a firm indication of actual
    innocence, life would be so much easier all round. We wouldn't need
    trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages. But the
    problem is no-one knows which they are. All we can do is try to
    minimise them, which I think we do through all the safeguards that are >>>> currently in place as regards CPS appraisal, proof beyond reasonable
    doubt, juries usually having to be unanimous etc, and by providing a
    system of review when new compelling evidence comes to light.

    One problem is that the Criminal Cases Review Commission has shown
    itself to be slow, under-resourced, underskilled, perhaps because the
    establishment does not really want to burden the Court of Appeal with
    such cases if there is any pretext for rejecting them.

    It is very rare that you can say someone was not rightfully convicted
    on the evidence presented in court.

    How do you know? There may be many people who are convicted but know
    that they did not commit the crime.

    If that were the case, I think there would be a lot more noise from them
    than there appears to be.

    There are many cases where the
    conviction is set aside because of some procedural error by the trial
    judge. So I don't think "very rare" is accurate.

    I don't really think that's true. Where there is a procedural error by
    the judge, that should be and usually is very apparent to the defence
    team and provides grounds for immediate appeal. Auriol Grey is of
    course a case in point. Even though there the defence team seemed a bit
    slow on the uptake, the process worked.

    If it subsequently turns out that they
    did not commit the crime, it's right they should be compensated, but
    again it's not easy to say they didn't actually do it. Very often
    there is remaining doubt such that the conviction is 'unsafe' but
    there is no proof of innocence. What we should do in such
    circumstances Is a matter for society. It's above my pay grade.

    I think Peter Sullivan can qualify for compensation, fortunately for
    him, but it won't make up for the many wasted years.

    Just look at how long it took for the CCRC to do something for him. What >>> a leisurely process.

    https://ccrc.gov.uk/decision/sullivan-peter/

    Indeed. Everything ought to work smoothly and efficiently first time
    every time. Where resources are limited, however, they don't.

    I agree he should be compensated for at least the time since he could
    have been exonerated on DNA evidence, but that doesn't cover the whole
    of his time in prison. He was convicted by a jury prior to DNA analysis
    being possible in what we can only assume was a fair trial where all the
    evidence available at the time was presented. It's the way we determine
    guilt. Was he unfairly convicted, or only unfairly detained for too
    long? For what should compensation be paid?

    I believe that people should be compensated for being wrongly convicted whether the process was 'fair' or not.

    It's all very well saying that, but in most cases it is not clear-cut or provable. What then?

    Even if the Court of Appeal finds for one reason or another that the
    original verdict was 'unsafe', it doesn't necessarily mean the convicted
    person didn't do the crime. What then?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Roger Hayter on Wed May 14 12:54:56 2025
    On Wed, 14 May 2025 12:38:17 +0000, Roger Hayter wrote:

    On 14 May 2025 at 12:25:58 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 14/05/2025 11:09, Roger Hayter wrote:
    On 14 May 2025 at 10:15:59 BST, "Norman Wells" <hex@unseen.ac.am>
    wrote:

    On 14/05/2025 08:40, The Todal wrote:
    On 14/05/2025 08:09, Norman Wells wrote:
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find, >>>>>>>> total lack of reporting is: why was he still in prison after 38 >>>>>>>> years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot >>>>>>>> be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application >>>>>>> for parole, nor is denial of guilt an automatic bar to release on >>>>>>> parole licence.

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of
    guilt or innocence, and

    * your case will be considered on the basis that you were
    rightfully convicted.*

    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first
    place]

    If only protesting your innocence were a firm indication of actual >>>>>> innocence, life would be so much easier all round. We wouldn't
    need trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages. But the >>>>>> problem is no-one knows which they are. All we can do is try to
    minimise them, which I think we do through all the safeguards that >>>>>> are currently in place as regards CPS appraisal, proof beyond
    reasonable doubt, juries usually having to be unanimous etc, and by >>>>>> providing a system of review when new compelling evidence comes to >>>>>> light.

    One problem is that the Criminal Cases Review Commission has shown
    itself to be slow, under-resourced, underskilled, perhaps because
    the establishment does not really want to burden the Court of Appeal >>>>> with such cases if there is any pretext for rejecting them.

    It is very rare that you can say someone was not rightfully
    convicted on the evidence presented in court.

    How do you know? There may be many people who are convicted but know >>>>> that they did not commit the crime.

    If that were the case, I think there would be a lot more noise from
    them than there appears to be.

    There are many cases where the conviction is set aside because of
    some procedural error by the trial judge. So I don't think "very
    rare" is accurate.

    I don't really think that's true. Where there is a procedural error
    by the judge, that should be and usually is very apparent to the
    defence team and provides grounds for immediate appeal. Auriol Grey
    is of course a case in point. Even though there the defence team
    seemed a bit slow on the uptake, the process worked.

    If it subsequently turns out that they did not commit the crime,
    it's right they should be compensated, but again it's not easy to
    say they didn't actually do it. Very often there is remaining
    doubt such that the conviction is 'unsafe' but there is no proof of >>>>>> innocence. What we should do in such circumstances Is a matter for >>>>>> society. It's above my pay grade.

    I think Peter Sullivan can qualify for compensation, fortunately for >>>>> him, but it won't make up for the many wasted years.

    Just look at how long it took for the CCRC to do something for him.
    What a leisurely process.

    https://ccrc.gov.uk/decision/sullivan-peter/

    Indeed. Everything ought to work smoothly and efficiently first time
    every time. Where resources are limited, however, they don't.

    I agree he should be compensated for at least the time since he could
    have been exonerated on DNA evidence, but that doesn't cover the
    whole of his time in prison. He was convicted by a jury prior to DNA
    analysis being possible in what we can only assume was a fair trial
    where all the evidence available at the time was presented. It's the
    way we determine guilt. Was he unfairly convicted, or only unfairly
    detained for too long? For what should compensation be paid?

    I believe that people should be compensated for being wrongly
    convicted whether the process was 'fair' or not.

    It's all very well saying that, but in most cases it is not clear-cut
    or provable. What then?

    Even if the Court of Appeal finds for one reason or another that the
    original verdict was 'unsafe', it doesn't necessarily mean the
    convicted person didn't do the crime. What then?

    Well then it is not certain that they have been wrongly convicted: in
    the current case someone else's semen was found all over the body. I
    think it is fair to say he was wrongly convicted.

    <sense of deja vu>

    But in English law, that doesn't automatically equate to a miscarriage of justice (and therefore compensation).

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to Norman Wells on Wed May 14 12:38:17 2025
    On 14 May 2025 at 12:25:58 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 14/05/2025 11:09, Roger Hayter wrote:
    On 14 May 2025 at 10:15:59 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 14/05/2025 08:40, The Todal wrote:
    On 14/05/2025 08:09, Norman Wells wrote:
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find,
    total lack of reporting is: why was he still in prison after
    38 years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot
    be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application >>>>>> for parole, nor is denial of guilt an automatic bar to release
    on parole licence.

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt >>>>>> or innocence, and

    * your case will be considered on the basis that you were rightfully >>>>>> convicted.*

    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place] >>>>>
    If only protesting your innocence were a firm indication of actual
    innocence, life would be so much easier all round. We wouldn't need >>>>> trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages. But the
    problem is no-one knows which they are. All we can do is try to
    minimise them, which I think we do through all the safeguards that are >>>>> currently in place as regards CPS appraisal, proof beyond reasonable >>>>> doubt, juries usually having to be unanimous etc, and by providing a >>>>> system of review when new compelling evidence comes to light.

    One problem is that the Criminal Cases Review Commission has shown
    itself to be slow, under-resourced, underskilled, perhaps because the
    establishment does not really want to burden the Court of Appeal with
    such cases if there is any pretext for rejecting them.

    It is very rare that you can say someone was not rightfully convicted >>>>> on the evidence presented in court.

    How do you know? There may be many people who are convicted but know
    that they did not commit the crime.

    If that were the case, I think there would be a lot more noise from them >>> than there appears to be.

    There are many cases where the
    conviction is set aside because of some procedural error by the trial
    judge. So I don't think "very rare" is accurate.

    I don't really think that's true. Where there is a procedural error by
    the judge, that should be and usually is very apparent to the defence
    team and provides grounds for immediate appeal. Auriol Grey is of
    course a case in point. Even though there the defence team seemed a bit >>> slow on the uptake, the process worked.

    If it subsequently turns out that they
    did not commit the crime, it's right they should be compensated, but >>>>> again it's not easy to say they didn't actually do it. Very often
    there is remaining doubt such that the conviction is 'unsafe' but
    there is no proof of innocence. What we should do in such
    circumstances Is a matter for society. It's above my pay grade.

    I think Peter Sullivan can qualify for compensation, fortunately for
    him, but it won't make up for the many wasted years.

    Just look at how long it took for the CCRC to do something for him. What >>>> a leisurely process.

    https://ccrc.gov.uk/decision/sullivan-peter/

    Indeed. Everything ought to work smoothly and efficiently first time
    every time. Where resources are limited, however, they don't.

    I agree he should be compensated for at least the time since he could
    have been exonerated on DNA evidence, but that doesn't cover the whole
    of his time in prison. He was convicted by a jury prior to DNA analysis >>> being possible in what we can only assume was a fair trial where all the >>> evidence available at the time was presented. It's the way we determine >>> guilt. Was he unfairly convicted, or only unfairly detained for too
    long? For what should compensation be paid?

    I believe that people should be compensated for being wrongly convicted
    whether the process was 'fair' or not.

    It's all very well saying that, but in most cases it is not clear-cut or provable. What then?

    Even if the Court of Appeal finds for one reason or another that the
    original verdict was 'unsafe', it doesn't necessarily mean the convicted person didn't do the crime. What then?

    Well then it is not certain that they have been wrongly convicted: in the current case someone else's semen was found all over the body. I think it is fair to say he was wrongly convicted.

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to Roger Hayter on Wed May 14 14:09:13 2025
    "Roger Hayter" <roger@hayter.org> wrote in message news:1764773635.eb3b1e51@uninhabited.net...
    On 14 May 2025 at 10:05:05 BST, ""billy bookcase"" <billy@anon.com> wrote:


    "Norman Wells" <hex@unseen.ac.am> wrote in message
    news:m8ittsFj7ssU1@mid.individual.net...
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find,
    total lack of reporting is: why was he still in prison after
    38 years, given he was sentenced to a minimum term of 16 years?

    If it was because prisoners who maintain their innocence cannot
    be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application
    for parole,

    (A) nor is denial of guilt an automatic bar to release on parole licence.


    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt
    or innocence, and


    (B) * your case will be considered on the basis that you were rightfully
    convicted.*


    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place]

    If only protesting your innocence were a firm indication of actual innocence,
    life
    would be so much easier all round. We wouldn't need trials for a start. >>>
    Sadly, however ...

    In any system of justice there will be some miscarriages. But the problem is
    no-one
    knows which they are. All we can do is try to minimise them, which I think we
    do
    through all the safeguards that are currently in place as regards CPS
    appraisal, proof
    beyond reasonable doubt, juries usually having to be unanimous etc, and by >>> providing a
    system of review when new compelling evidence comes to light.

    It is very rare that you can say someone was not rightfully convicted on the
    evidence
    presented in court. If it subsequently turns out that they did not commit the
    crime,
    it's right they should be compensated, but again it's not easy to say they >>> didn't
    actually do it. Very often there is remaining doubt such that the conviction
    is
    'unsafe' but there is no proof of innocence. What we should do in such
    circumstances
    Is a matter for society. It's above my pay grade.

    I'm not really sure how that addresses the point that I'm making.

    Which is that on the one hand the Parole System can't be seen as a back-stop >> for an inadequate Appeals System.

    While on the other hand for a prisoner to be considered for Parole there
    must be some evidence that they've benefited from their sentence, that
    they have learned their lesson. Which they obviously can't demonstrate
    if they're claiming that they should never have been there in the first place.

    In short. if the Parole Board are obliged to accept that the applicant was >> rightly
    convicted, (B above) then if they insist they are innocent (A above) then
    surely
    the Parole Board has no option but to conclude that they are [still] lying ?
    And thus are unsuitable for Parole.


    bb


    Even if the parole board are allowed to free prisoners who have not admitted their guilt it is obviously hazardous to the reputation of members of said board to do so if the person goes on to commit further crimes.

    Surely its the precise opposite ?

    If it emerges that a prisoner admitted to their crime, obtained parole, and then
    went on to re-offend then would that wouldn't that be even more hazardous to the reputation of the Parole Board'

    "He Admitted his Crime and So They Let Him Out To Do It Again !"


    I am not sure what solution is possible.

    Simply disregard all questions as to the prisoners guilt or innocence -
    as is supposed to happen according to the first line of the above
    to be rapidly contradicted thereafter.

    And forewarn them of this fact before their application so they
    don't raise the matter themselves. And simply base the decision on their behaviour whilst in prison and their general attitude

    Unless parole is made automatic after a certain
    time in the absence of positive evidence of an intention to commit further crimes. But I don't think the tabloids, and populist politicians, would accept
    that.


    I doubt the tabloids would even have been aware of the fact, unless they'd been tipped off, had he been released having served the minimum sentence of 16 years. That being 22 years ago.


    bb

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to Max Demian on Wed May 14 12:39:24 2025
    On 14 May 2025 at 11:43:35 BST, "Max Demian" <max_demian@bigfoot.com> wrote:

    On 14/05/2025 11:14, Roger Hayter wrote:
    On 14 May 2025 at 10:05:05 BST, ""billy bookcase"" <billy@anon.com> wrote:

    "Norman Wells" <hex@unseen.ac.am> wrote in message
    news:m8ittsFj7ssU1@mid.individual.net...

    You do not have to admit your guilt prior to making an application
    for parole,

    (A) nor is denial of guilt an automatic bar to release on parole licence. >>>

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of guilt
    or innocence, and


    (B) * your case will be considered on the basis that you were rightfully >>> convicted.*


    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first place]

    If only protesting your innocence were a firm indication of actual innocence,
    life
    would be so much easier all round. We wouldn't need trials for a start. >>>>
    Sadly, however ...

    In any system of justice there will be some miscarriages. But the problem is
    no-one
    knows which they are. All we can do is try to minimise them, which I think we
    do
    through all the safeguards that are currently in place as regards CPS
    appraisal, proof
    beyond reasonable doubt, juries usually having to be unanimous etc, and by >>>> providing a
    system of review when new compelling evidence comes to light.

    It is very rare that you can say someone was not rightfully convicted on the
    evidence
    presented in court. If it subsequently turns out that they did not commit the
    crime,
    it's right they should be compensated, but again it's not easy to say they >>>> didn't
    actually do it. Very often there is remaining doubt such that the conviction
    is
    'unsafe' but there is no proof of innocence. What we should do in such >>>> circumstances
    Is a matter for society. It's above my pay grade.

    I'm not really sure how that addresses the point that I'm making.

    Which is that on the one hand the Parole System can't be seen as a back-stop
    for an inadequate Appeals System.

    While on the other hand for a prisoner to be considered for Parole there >>> must be some evidence that they've benefited from their sentence, that
    they have learned their lesson. Which they obviously can't demonstrate
    if they're claiming that they should never have been there in the first place.

    In short. if the Parole Board are obliged to accept that the applicant was >>> rightly
    convicted, (B above) then if they insist they are innocent (A above) then >>> surely
    the Parole Board has no option but to conclude that they are [still] lying ?
    And thus are unsuitable for Parole.


    bb


    Even if the parole board are allowed to free prisoners who have not admitted >> their guilt it is obviously hazardous to the reputation of members of said >> board to do so if the person goes on to commit further crimes

    That wouldn't prove that he committed the original offence. And it could
    be because he was corrupted, or learned criminal techniques while in prison.

    Of course that's true, but it wouldn't stop parole board members being mobbed by the press.


    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to billy bookcase on Wed May 14 13:57:26 2025
    On Wed, 14 May 2025 14:09:13 +0100, billy bookcase wrote:

    "He Admitted his Crime and So They Let Him Out To Do It Again !"

    Totally OT, but shades of Jasper Carrots insurance claim routine ..

    "He admitted it was his fault and he'd been run over before !"

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to jethro_uk@hotmailbin.com on Wed May 14 13:49:28 2025
    On 14 May 2025 at 13:54:56 BST, "Jethro_uk" <jethro_uk@hotmailbin.com> wrote:

    On Wed, 14 May 2025 12:38:17 +0000, Roger Hayter wrote:

    On 14 May 2025 at 12:25:58 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 14/05/2025 11:09, Roger Hayter wrote:
    On 14 May 2025 at 10:15:59 BST, "Norman Wells" <hex@unseen.ac.am>
    wrote:

    On 14/05/2025 08:40, The Todal wrote:
    On 14/05/2025 08:09, Norman Wells wrote:
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find, >>>>>>>>> total lack of reporting is: why was he still in prison after 38 >>>>>>>>> years, given he was sentenced to a minimum term of 16 years? >>>>>>>>>
    If it was because prisoners who maintain their innocence cannot >>>>>>>>> be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application >>>>>>>> for parole, nor is denial of guilt an automatic bar to release on >>>>>>>> parole licence.

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of
    guilt or innocence, and

    * your case will be considered on the basis that you were
    rightfully convicted.*

    The Board will consider the likelihood of you reoffending

    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first
    place]

    If only protesting your innocence were a firm indication of actual >>>>>>> innocence, life would be so much easier all round. We wouldn't
    need trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages. But the >>>>>>> problem is no-one knows which they are. All we can do is try to >>>>>>> minimise them, which I think we do through all the safeguards that >>>>>>> are currently in place as regards CPS appraisal, proof beyond
    reasonable doubt, juries usually having to be unanimous etc, and by >>>>>>> providing a system of review when new compelling evidence comes to >>>>>>> light.

    One problem is that the Criminal Cases Review Commission has shown >>>>>> itself to be slow, under-resourced, underskilled, perhaps because
    the establishment does not really want to burden the Court of Appeal >>>>>> with such cases if there is any pretext for rejecting them.

    It is very rare that you can say someone was not rightfully
    convicted on the evidence presented in court.

    How do you know? There may be many people who are convicted but know >>>>>> that they did not commit the crime.

    If that were the case, I think there would be a lot more noise from
    them than there appears to be.

    There are many cases where the conviction is set aside because of
    some procedural error by the trial judge. So I don't think "very
    rare" is accurate.

    I don't really think that's true. Where there is a procedural error >>>>> by the judge, that should be and usually is very apparent to the
    defence team and provides grounds for immediate appeal. Auriol Grey >>>>> is of course a case in point. Even though there the defence team
    seemed a bit slow on the uptake, the process worked.

    If it subsequently turns out that they did not commit the crime, >>>>>>> it's right they should be compensated, but again it's not easy to >>>>>>> say they didn't actually do it. Very often there is remaining
    doubt such that the conviction is 'unsafe' but there is no proof of >>>>>>> innocence. What we should do in such circumstances Is a matter for >>>>>>> society. It's above my pay grade.

    I think Peter Sullivan can qualify for compensation, fortunately for >>>>>> him, but it won't make up for the many wasted years.

    Just look at how long it took for the CCRC to do something for him. >>>>>> What a leisurely process.

    https://ccrc.gov.uk/decision/sullivan-peter/

    Indeed. Everything ought to work smoothly and efficiently first time >>>>> every time. Where resources are limited, however, they don't.

    I agree he should be compensated for at least the time since he could >>>>> have been exonerated on DNA evidence, but that doesn't cover the
    whole of his time in prison. He was convicted by a jury prior to DNA >>>>> analysis being possible in what we can only assume was a fair trial
    where all the evidence available at the time was presented. It's the >>>>> way we determine guilt. Was he unfairly convicted, or only unfairly >>>>> detained for too long? For what should compensation be paid?

    I believe that people should be compensated for being wrongly
    convicted whether the process was 'fair' or not.

    It's all very well saying that, but in most cases it is not clear-cut
    or provable. What then?

    Even if the Court of Appeal finds for one reason or another that the
    original verdict was 'unsafe', it doesn't necessarily mean the
    convicted person didn't do the crime. What then?

    Well then it is not certain that they have been wrongly convicted: in
    the current case someone else's semen was found all over the body. I
    think it is fair to say he was wrongly convicted.

    <sense of deja vu>

    But in English law, that doesn't automatically equate to a miscarriage of justice (and therefore compensation).

    I perfectly well understand that. I am expressing a preference for the law to be changed.

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to jethro_uk@hotmailbin.com on Wed May 14 15:58:29 2025
    "Jethro_uk" <jethro_uk@hotmailbin.com> wrote in message news:10027g6$3dogj$53@dont-email.me...
    On Wed, 14 May 2025 14:09:13 +0100, billy bookcase wrote:

    "He Admitted his Crime and So They Let Him Out To Do It Again !"

    Totally OT, but shades of Jasper Carrots insurance claim routine ..

    "He admitted it was his fault and he'd been run over before !"


    Jasper Carrott is immortalised on the Birmingham Walk of Stars

    https://en.wikipedia.org/wiki/File:Birmingham_Walk_of_Stars_Jasper_Carrott.jpg

    And rightfully so,. it must be added.


    bb


    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Norman Wells@21:1/5 to Roger Hayter on Wed May 14 15:53:44 2025
    On 14/05/2025 14:49, Roger Hayter wrote:
    On 14 May 2025 at 13:54:56 BST, "Jethro_uk" <jethro_uk@hotmailbin.com> wrote:

    On Wed, 14 May 2025 12:38:17 +0000, Roger Hayter wrote:

    On 14 May 2025 at 12:25:58 BST, "Norman Wells" <hex@unseen.ac.am> wrote: >>>
    On 14/05/2025 11:09, Roger Hayter wrote:
    On 14 May 2025 at 10:15:59 BST, "Norman Wells" <hex@unseen.ac.am>
    wrote:

    On 14/05/2025 08:40, The Todal wrote:
    On 14/05/2025 08:09, Norman Wells wrote:
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote: >>>>>>>>>>> https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ...

    The thing I find it interesting for its, as far as I can find, >>>>>>>>>> total lack of reporting is: why was he still in prison after 38 >>>>>>>>>> years, given he was sentenced to a minimum term of 16 years? >>>>>>>>>>
    If it was because prisoners who maintain their innocence cannot >>>>>>>>>> be paroled, then surely this policy needs reviewing,


    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an application >>>>>>>>> for parole, nor is denial of guilt an automatic bar to release on >>>>>>>>> parole licence.

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of >>>>>>>>> guilt or innocence, and

    * your case will be considered on the basis that you were
    rightfully convicted.*

    The Board will consider the likelihood of you reoffending >>>>>>>>>
    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first >>>>>>>>> place]

    If only protesting your innocence were a firm indication of actual >>>>>>>> innocence, life would be so much easier all round. We wouldn't >>>>>>>> need trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages. But the >>>>>>>> problem is no-one knows which they are. All we can do is try to >>>>>>>> minimise them, which I think we do through all the safeguards that >>>>>>>> are currently in place as regards CPS appraisal, proof beyond
    reasonable doubt, juries usually having to be unanimous etc, and by >>>>>>>> providing a system of review when new compelling evidence comes to >>>>>>>> light.

    One problem is that the Criminal Cases Review Commission has shown >>>>>>> itself to be slow, under-resourced, underskilled, perhaps because >>>>>>> the establishment does not really want to burden the Court of Appeal >>>>>>> with such cases if there is any pretext for rejecting them.

    It is very rare that you can say someone was not rightfully
    convicted on the evidence presented in court.

    How do you know? There may be many people who are convicted but know >>>>>>> that they did not commit the crime.

    If that were the case, I think there would be a lot more noise from >>>>>> them than there appears to be.

    There are many cases where the conviction is set aside because of >>>>>>> some procedural error by the trial judge. So I don't think "very >>>>>>> rare" is accurate.

    I don't really think that's true. Where there is a procedural error >>>>>> by the judge, that should be and usually is very apparent to the
    defence team and provides grounds for immediate appeal. Auriol Grey >>>>>> is of course a case in point. Even though there the defence team
    seemed a bit slow on the uptake, the process worked.

    If it subsequently turns out that they did not commit the crime, >>>>>>>> it's right they should be compensated, but again it's not easy to >>>>>>>> say they didn't actually do it. Very often there is remaining >>>>>>>> doubt such that the conviction is 'unsafe' but there is no proof of >>>>>>>> innocence. What we should do in such circumstances Is a matter for >>>>>>>> society. It's above my pay grade.

    I think Peter Sullivan can qualify for compensation, fortunately for >>>>>>> him, but it won't make up for the many wasted years.

    Just look at how long it took for the CCRC to do something for him. >>>>>>> What a leisurely process.

    https://ccrc.gov.uk/decision/sullivan-peter/

    Indeed. Everything ought to work smoothly and efficiently first time >>>>>> every time. Where resources are limited, however, they don't.

    I agree he should be compensated for at least the time since he could >>>>>> have been exonerated on DNA evidence, but that doesn't cover the
    whole of his time in prison. He was convicted by a jury prior to DNA >>>>>> analysis being possible in what we can only assume was a fair trial >>>>>> where all the evidence available at the time was presented. It's the >>>>>> way we determine guilt. Was he unfairly convicted, or only unfairly >>>>>> detained for too long? For what should compensation be paid?

    I believe that people should be compensated for being wrongly
    convicted whether the process was 'fair' or not.

    It's all very well saying that, but in most cases it is not clear-cut
    or provable. What then?

    Even if the Court of Appeal finds for one reason or another that the
    original verdict was 'unsafe', it doesn't necessarily mean the
    convicted person didn't do the crime. What then?

    Well then it is not certain that they have been wrongly convicted: in
    the current case someone else's semen was found all over the body. I
    think it is fair to say he was wrongly convicted.

    <sense of deja vu>

    But in English law, that doesn't automatically equate to a miscarriage of
    justice (and therefore compensation).

    I perfectly well understand that. I am expressing a preference for the law to be changed.

    But to say what, and include whom exactly? What criteria would define
    someone who has been 'wrongly convicted'?

    You see, you actually seem to be arguing for no change in the current
    law which is that if the person can prove his innocence (ie the only circumstance where it *is* certain he was wrongly convicted) then
    compensation is payable anyway.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Norman Wells on Wed May 14 16:27:02 2025
    On Wed, 14 May 2025 15:53:44 +0100, Norman Wells wrote:

    On 14/05/2025 14:49, Roger Hayter wrote:
    On 14 May 2025 at 13:54:56 BST, "Jethro_uk" <jethro_uk@hotmailbin.com>
    wrote:

    On Wed, 14 May 2025 12:38:17 +0000, Roger Hayter wrote:

    On 14 May 2025 at 12:25:58 BST, "Norman Wells" <hex@unseen.ac.am>
    wrote:

    On 14/05/2025 11:09, Roger Hayter wrote:
    On 14 May 2025 at 10:15:59 BST, "Norman Wells" <hex@unseen.ac.am>
    wrote:

    On 14/05/2025 08:40, The Todal wrote:
    On 14/05/2025 08:09, Norman Wells wrote:
    On 13/05/2025 21:13, billy bookcase wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message >>>>>>>>>> news:slrn10271lb.3nd.jon+usenet@raven.unequivocal.eu...
    On 2025-05-13, Jethro_uk <jethro_uk@hotmailbin.com> wrote: >>>>>>>>>>>> https://www.bbc.co.uk/news/articles/c8rej5jv626o

    I note again, the lack of reporting of compensation ... >>>>>>>>>>>
    The thing I find it interesting for its, as far as I can find, >>>>>>>>>>> total lack of reporting is: why was he still in prison after >>>>>>>>>>> 38 years, given he was sentenced to a minimum term of 16 >>>>>>>>>>> years?

    If it was because prisoners who maintain their innocence >>>>>>>>>>> cannot be paroled, then surely this policy needs reviewing, >>>>>>>>>>

    The Parole Information Booklet states the following -

    quote:

    You do not have to admit your guilt prior to making an
    application for parole, nor is denial of guilt an automatic bar >>>>>>>>>> to release on parole licence.

    {Which is essentially meaningless, given that }

    It is not the role of the Parole Board to decide on issues of >>>>>>>>>> guilt or innocence, and

    * your case will be considered on the basis that you were
    rightfully convicted.*

    The Board will consider the likelihood of you reoffending >>>>>>>>>>
    *by taking into account the nature of your offence*

    {Which you're claiming that you never committed in the first >>>>>>>>>> place]

    If only protesting your innocence were a firm indication of
    actual innocence, life would be so much easier all round. We >>>>>>>>> wouldn't need trials for a start.

    Sadly, however ...

    In any system of justice there will be some miscarriages. But >>>>>>>>> the problem is no-one knows which they are. All we can do is >>>>>>>>> try to minimise them, which I think we do through all the
    safeguards that are currently in place as regards CPS appraisal, >>>>>>>>> proof beyond reasonable doubt, juries usually having to be
    unanimous etc, and by providing a system of review when new
    compelling evidence comes to light.

    One problem is that the Criminal Cases Review Commission has
    shown itself to be slow, under-resourced, underskilled, perhaps >>>>>>>> because the establishment does not really want to burden the
    Court of Appeal with such cases if there is any pretext for
    rejecting them.

    It is very rare that you can say someone was not rightfully
    convicted on the evidence presented in court.

    How do you know? There may be many people who are convicted but >>>>>>>> know that they did not commit the crime.

    If that were the case, I think there would be a lot more noise
    from them than there appears to be.

    There are many cases where the conviction is set aside because of >>>>>>>> some procedural error by the trial judge. So I don't think "very >>>>>>>> rare" is accurate.

    I don't really think that's true. Where there is a procedural
    error by the judge, that should be and usually is very apparent to >>>>>>> the defence team and provides grounds for immediate appeal.
    Auriol Grey is of course a case in point. Even though there the >>>>>>> defence team seemed a bit slow on the uptake, the process worked. >>>>>>>
    If it subsequently turns out that they did not commit the crime, >>>>>>>>> it's right they should be compensated, but again it's not easy >>>>>>>>> to say they didn't actually do it. Very often there is
    remaining doubt such that the conviction is 'unsafe' but there >>>>>>>>> is no proof of innocence. What we should do in such
    circumstances Is a matter for society. It's above my pay grade. >>>>>>>>
    I think Peter Sullivan can qualify for compensation, fortunately >>>>>>>> for him, but it won't make up for the many wasted years.

    Just look at how long it took for the CCRC to do something for >>>>>>>> him. What a leisurely process.

    https://ccrc.gov.uk/decision/sullivan-peter/

    Indeed. Everything ought to work smoothly and efficiently first >>>>>>> time every time. Where resources are limited, however, they
    don't.

    I agree he should be compensated for at least the time since he
    could have been exonerated on DNA evidence, but that doesn't cover >>>>>>> the whole of his time in prison. He was convicted by a jury prior >>>>>>> to DNA analysis being possible in what we can only assume was a
    fair trial where all the evidence available at the time was
    presented. It's the way we determine guilt. Was he unfairly
    convicted, or only unfairly detained for too long? For what
    should compensation be paid?

    I believe that people should be compensated for being wrongly
    convicted whether the process was 'fair' or not.

    It's all very well saying that, but in most cases it is not
    clear-cut or provable. What then?

    Even if the Court of Appeal finds for one reason or another that the >>>>> original verdict was 'unsafe', it doesn't necessarily mean the
    convicted person didn't do the crime. What then?

    Well then it is not certain that they have been wrongly convicted: in
    the current case someone else's semen was found all over the body. I
    think it is fair to say he was wrongly convicted.

    <sense of deja vu>

    But in English law, that doesn't automatically equate to a miscarriage
    of justice (and therefore compensation).

    I perfectly well understand that. I am expressing a preference for the
    law to be changed.

    But to say what, and include whom exactly? What criteria would define someone who has been 'wrongly convicted'?

    You see, you actually seem to be arguing for no change in the current
    law which is that if the person can prove his innocence (ie the only circumstance where it *is* certain he was wrongly convicted) then compensation is payable anyway.

    "wrongful conviction" and "miscarriage of justice" are distinct concepts
    in English law. You can either eliminate the distinction as everyday
    speech does. Or you can piddle around under each definition to try and
    move some features from one column to the other. The former is
    unpalatable to the legal profession, and the latter would achieve very
    little.

    I tend to sympathise with the PP. To me a wrongful conviction is
    axiomatically a miscarriage of justice. However we don't have a justice
    system in the UK (no country does). We have a legal system. And sometimes
    that distinction is very plain to see.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to All on Wed May 14 19:44:46 2025
    On Tue, 13 May 2025 14:28:12 +0000, Jethro_uk wrote:

    The lack of mention of compensation in the article suggests he's likely
    not getting any. Presumably the prison service aren't going to let that
    stop them charging him c. £500k board and lodging (14,113 nights @ £30 night sounds fair).

    Of course while he was rotting in jail, the search for the real killer stopped. Let's hope they didn't strike again.

    Yet another advertisement for the death penalty, surely.

    https://www.bbc.co.uk/news/articles/ce809e3gd1xo

    A man who has served almost 38 years in prison for the murder of a woman
    has had his conviction quashed by the Court of Appeal after new DNA
    evidence emerged.

    Peter Sullivan was jailed over the 1986 killing of 21-year-old barmaid
    Diane Sindall, who was subjected to a frenzied sexual attack in
    Birkenhead, Merseyside, as she walked home from a shift.

    The Criminal Cases Review Commission (CCRC) - the statutory body set up
    to investigate potential miscarriages of justice - had referred Mr
    Sullivan's case back to the appeal court last year after fresh testing
    found a DNA profile pointing to an unknown attacker in semen samples preserved from the crime scene.

    I now read that he will have to wait 2 years for compensation to be
    awarded.

    Is such asymmetry in state affairs (you try telling them they can wait 2
    years for your parking fine) not an affront to natural justice ?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Vir Campestris@21:1/5 to All on Sun May 18 21:37:48 2025
    On 14/05/2025 20:44, Jethro_uk wrote:
    I now read that he will have to wait 2 years for compensation to be
    awarded.

    Is such asymmetry in state affairs (you try telling them they can wait 2 years for your parking fine) not an affront to natural justice ?

    Absolutely.

    This guy has lost the best years of his life. The least we can do is to
    give him something to make up for it.

    (It's the bit where the press said he couldn't have parole because he
    said he didn't do it which really jars)

    Andy

    --
    Do not listen to rumour, but, if you do, do not believe it.
    Ghandi.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)