I have researched and written extensively on miscarriages of justice and the wrongful conviction and imprisonment of the innocent. More specifically, I am the author or editor of four books: The innocent and the criminal justice system (2013, Palgrave Macmillan); The Criminal Cases Review Commission: Hope for the innocent? (Editor, 2012 , Palgrave Macmillan); Rethinking miscarriages of justice: Beyond the tip of the iceberg (2012 ,Palgrave Macmillan ); and, Claims of innocence: An introduction to wrongful convictions and how they might be challenged (2011, University of Bristol).
In addition, I have 60 further publications in peer-reviewed academic journals, edited book collections, professional journals, broadsheet newspapers and official reports, many of which are freely available on this website.
These publications have contributed several new concepts as well as new ways of thinking about and acting upon miscarriages of justice and/or wrongful conviction and imprisonment through a series of critical analyses including how “miscarriages of justice” are defined and measured from a secondary data analysis of official statistics on successful appeals against criminal conviction; how the concept of “miscarriages of justice” is a legal notion that is not synonymous with or to be conflated with factual innocence; how miscarriages of justice and wrongful convictions are caused (with reference to structural, procedural and/or individual causation); whether the causation was intentional (“abortions of justice”) or unintentional (“miscarriages of justice”); the distinction between legal justice and lay notions of social justice; the distinction between factual innocence and legal “innocence”; the so-called “parole deal” and the challenges and/or barriers to progression and release for prisoners maintaining innocence; a typology of claims of innocence by alleged victims of wrongful convictions to distinguish those who are not innocent from those that might be as a way of assessing applications to innocence projects for eligibility for further investigation; the myriad forms of harm (social, psychological, physical and financial) that are caused by wrongful convictions to primary and secondary victims; the limitations of the criminal appeals system and the Criminal Cases Review Commission (CCRC) in dealing with claims of factual innocence; how alleged wrongful convictions might be challenged, remedied (in terms of compensation) and/or prevented; how the criminal justice system might be reformed to avoid miscarriages of justice and/or wrongful convictions; and, how those responsible for causing miscarriages of justice and/or wrongful convictions might be held accountable and brought to justice.
Between 2005-2015, I was Founder and Director of the first innocence project in the UK dedicated to investigating alleged wrongful convictions, University of Bristol Innocence Project (UoBIP). This saw me pioneer the introduction of a new form of clinical legal education in the UK based on the innocence projects that originated in the United States. Under my supervision, student volunteers investigated alleged wrongful convictions on a pro bono basis, with input from criminal appeal lawyers and forensic experts where appropriate. In terms of “successes”, the University of Bristol Innocence Project (UoBIP) contributed to the first ever case referrals by the Criminal Cases Review Commission (R v Hall, 2010) and the Scottish Criminal Cases Review Commission (Beck v Her Majesty’s Advocate, 2013) back to the Court of Appeal (Criminal Division) and the High Court of Justiciary, respectively, following submissions/applications by a UK innocence project. It assisted two over tariff life-sentenced prisoners maintaining innocence to be progressed to open conditions. It, also, finally settled two claims of factual innocence by alleged victims of wrongful conviction and imprisonment when they were proven to be factually guilty. UoBIP became the template for the setting up of over 30 innocence projects in other universities around the country (see below).
Between 2004-2015, I was Founder and Director of Innocence Network UK (INUK), which saw me facilitate the setting up, and support the subsequent running, of a total of 36 Innocence Projects in the UK dedicated to investigating and overturning wrongful convictions. This included an innocence project in a corporate law firm, which was also a global first. In practical terms, I directed a team of staff and students from the University of Bristol Innocence Project to assess all applications to INUK for assistance from alleged victims of wrongful convictions for eligibility, referring over a hundred cases from almost 1,000 full applications to member innocence projects for further investigation. With INUK colleagues, I organised two annual training conferences a year over the life of the organisation, as well as several additional research symposiums and training events. In December 2014, Dwaine George’s murder conviction was overturned, making him the first case overturned by an innocence project in the UK. It followed an INUK referral to a member innocence project (Cardiff Law School) to follow up on lines of further investigation identified by UoBIP staff and students working for INUK at the University of Bristol.
Further impacts of my research include influencing the following legal and policy reforms:
- new rules of disclosure and access to evidence post-conviction for alleged victims of wrongful convictions under reforms of the existing Attorney General’s Guidelines;
- a new regime for how prisons deal with prisoners maintaining innocence under reforms to Prison Service Order (PSO) 4700 ; and,
- a new right of appeal against certain qualifying alleged wrongful convictions in South Australia in response to the Criminal Cases Review Commission Bill in the Parliament of South Australia.
I have also given invited oral and written evidence on my research to the UK Parliamentary Justice Committee, two invited presentations in the UK House of Commons, an invited submission to the UK Ministry of Justice, an invited presentation to the US. Department of Justice in Washington D.C., as well as several other invited consultations and conference papers in the United States, China, Armenia, Italy, Norway and several in Ireland.
In terms of public engagement and knowledge transfer, I have given more than 40 invited presentations on issues relating to my academic research to public, professional and third sector conferences.
In addition, I have given over a hundred interviews in the media on a range of criminal justice issues, including for BBC 1, BBC Panorama, BBC Rough Justice, BBC News 24, ITV, GMTV, HTV, BBC Radio 2, BBC Radio 4, BBC Radio 5 Live, BBC World Service, The Guardian, The Independent, The Times and The Telegraph. I have also been interviewed for newspapers and appeared on television and radio programmes in Norway, Armenia, South Korea, New Zealand, Australia and Ireland.
Awards and prizes include:
- Michael Young Prize, sponsored by the Economic and Social Research Council (ESRC) and The Young Foundation
- Attorney General’s Pro Bono Award
- Bristol Law Society Annual Pro Bono Award
- University of Bristol Public Engagement Award
- Radical Statistics Group Critical Essay Prize