A test imposed by the UK Supreme Court in Jogee without hearing argument has been interpreted in a way that causes miscarriages of justice- note - the then LCJ sat in the UKSC in Jogee & on Johnson which interpreted & applied the “substantial injustice” test-very concerning!@adamwagner1.bsky.social
Reposted from
Dr Felicity Gerry KC
Law Commission is right on test that has affected so many #jointenterprise prisoners : “it is strongly arguable that the
development of “substantial injustice” as a
practice or test has become a real obstacle
to the correction of miscarriages of justice,
and that the law should be reformed”
development of “substantial injustice” as a
practice or test has become a real obstacle
to the correction of miscarriages of justice,
and that the law should be reformed”
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