Compensation for miscarriages of justice in England and Wales: how s.133(1ZA) could still be challenged

The compensation system for miscarriages of justice in England and Wales is the only scheme that conflates the criminal standard of beyond reasonable doubt, with a civil and administrative process where the standard is to the balance of probabilities. The European Court of Human Rights held that the scheme did not breach the European Convention on Human Rights (ECHR) art.6, but this article argues that the procedure could be challenged again on the basis that it is has created a significant departure from civil procedure norms, to the extent that it is not proportionate either to the aim of protecting public funds or to the goal of limiting compensation to those who are factually innocent.