New Independent Assessor of Compensation for Miscarriages of Justice

Wednesday 29th June 2011 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

I am pleased to announce the appointment of the right hon. Dame Janet Smith DBE as the new independent assessor of miscarriages of justice compensation under section 133 of the Criminal Justice Act 1988. The assessor is appointed under schedule 12 of the Criminal Justice Act 1988.

The assessor’s role is to assess the amount of compensation to be paid under section 133 once Ministers have decided that the eligibility criteria are met. Neither Ministers nor civil servants play any role in the assessment of compensation and I am required by section 133 (4) to accept the award made by the assessor. The assessor plays no role in deciding whether an applicant is eligible under section 133.

Dame Janet, who retired as an Appeal Court judge in May, replaces Lord Brennan of Bibury QC who has held the position since 27 July 2001 and whose term of office comes to an end on 26 July 2011. Lord Brennan indicated that he did not wish to be appointed for a further term. Dame Janet will take up her appointment on 1 July, which will initially be for two years.

The assessor is an “office holder” rather than a public appointment so the appointment rules of the Office of the Commissioner for Public Appointments (OCPA) are not required to be followed.

However, in considering who should be appointed to the role, I consulted the Lord Chief Justice and he recommended Dame Janet. I was delighted to accept his recommendation.

Dame Janet is eminently qualified for the role. She has extensive experience of the assessment of damages in personal injury litigation. As a former lady justice of appeal she will continue the robust independence which her predecessors have brought to the role. As well as my full confidence, she will have the confidence of applicants and their representatives.

Finally, I am extremely grateful to Lord Brennan for the very high level of service he has provided over the past 10 years.