*R (on the application of Nealon) v Secretary of State for Justice; R (on the application of Hallam) v Secretary of State for Justice

Human Rights – Compatibility of legislation with provisions of human rights convention. The defendant Secretary of State refused to pay the claimants compensation under s 133 of the Criminal Justice Act 1988 after their convictions had been overturned. The claimants issued judicial review proceedings, seeking a declaration of incompatibility between s 133(1ZA) of the Act and art 6(2) of the European Convention on Human Rights. The Divisional Court, in dismissing the applications, applied authority to the effect that art 6(2) of the Convention had no bearing on a decision for compensation under s 133 of the Act. Accordingly, a declaration of incompatibility could not be made.

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