Quashing

The quashing of the conviction means that the defendant walks away free.

The quashing of the conviction means that the defendant walks away free. The recent case of Sally Clark is such an example.  Sally Clark had her conviction for murdering her two babies quashed after scientific evidence was shown to be flawed. 

A quashing of a conviction may mean that the victim’s family and society are left without anyone to blame unless the case is re-opened and the investigation is continued.  There have been a number of significant cases referred back to the Court of Appeal as a result of the work of the Criminal Cases Review Commission which was set up by the Criminal Appeal Act 1995, following the large number of miscarriages of justice.  The Commission has the power to investigate possible miscarriages of justice and refer cases back to the courts.

There are continuing improvements in crime investigation science which may produce new evidence.  Such evidence ought not to be suppressed if it is material and significant.  The Court of Appeal when hearing an appeal can in the interests of justice, admit new evidence.

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