Challenging convictions for historical sexual offences

4 February 2013

Garden Court North Chambers’ Mark Barlow has written an article for the Spring 2013 edition of INQUIRY, the quarterly newsletter of the Innocence Network UK providing an overview of investigating miscarriage of justice arising from historic allegations of sexual offences.

In the article Mark reviews the lessons learned from past decades, from the Orkney Child Abuse Scandal to allegations made against carers and teachers in residential institutions and the latest mexia frenzy surrounding Jimmy Seville and the resulting police investigation Operation Yewtree:

“These scandals reinforce the dangers that exist where a modern day witch-hunt takes place”

He then goes on to discuss a number of practical guidance points and the core areas which commonly arise within historic cases. These include fresh evidence, complaints made in respect of representation at trial along along with the need for a clear understanding of the principles of abuse of process, given the delay in bringing these proceedings, and finally, the process of the police investigation and issues of disclosure:

“…for with many miscarriages the successful appeals rests upon a material non-disclosure by the Prosecution….never assume that material has been disclosed”.

Mark Barlow is a door tenant at Garden Court North Chambers.

Share this

Blog

Blog

A tenant’s best friend?

No one should be placed in the cruel position of having to choose between their pets and a home. Yet this is a problem that...

Blog

Abolishing section 21 notices: The Renters’ Reform Bill and why it matters

The White Paper putting forward the Renters’ Reform Bill, first proposed in April 2019, is due in May. It will lay out a set of suggested...

Blog

Are criminal barristers on strike?

Who are criminal barristers? Anyone can find themselves supporting a loved one accused of a crime, or find themselves accused of a crime. If this...

Blog

Aarif Abraham’s ‘A Constitution of the People and How to Achieve It’ – a review

Here’s a question for the next pub quiz: Which country’s constitution is to be found in Annex IV of a peace treaty? The answer is...

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up