In re McFarland

Abstract

637Human rights — Remedies — Persons wrongfully convicted — Compensation — Applicant imprisoned following conviction — Subsequent quashing of conviction — 1976 and 1985 ministerial policy statements concerning payments of compensation from public funds — 1985 statement referring to Article 14(6) of International Covenant on Civil and Political Rights, 1966 (“ICCPR”) and ex gratia payment of compensation — Whether applicant having right to compensation under Article 14(6) of ICCPR or Section 133 of Criminal Justice Act 1988 — Whether ex gratia payment of compensation appropriate — Whether magistrate public authority — Whether serious default on part of member of public authority — Whether Secretary of State acting unlawfully by refusing applicant compensationRelationship of international law and municipal law — International Covenant on Civil and Political Rights, 1966, Article 14(6) — 1985 ministerial policy statement referring to international obligations with respect to payment of compensation — 1985 statement referring to Article 14(6) of ICCPR — Section 133(1) of Criminal Justice Act 1988 giving statutory effect to Article 14(6) of ICCPR — Whether 1988 Act superseding 1985 statement — Whether “reversal” of conviction — Whether applicant could bring case within Article 14(6) of ICCPR or Section 133 of 1988 Act — Ministerial policy statements — Interpretation — Whether binding — Whether Secretary of State acting unlawfully by refusing applicant compensationTreaties — International Covenant on Civil and Political Rights, 1966, Article 14(6) — Right to compensation for punishment resulting from wrongful conviction — Whether applicant having right to compensation under Article 14(6) of ICCPR — The law of Northern Ireland