Challenging convictions for historical sexual offences

4 February 2013

Garden Court North Chambers’ Mark Barlow has written an article for the Spring 2013 edition of INQUIRY, the quarterly newsletter of the Innocence Network UK providing an overview of investigating miscarriage of justice arising from historic allegations of sexual offences.

In the article Mark reviews the lessons learned from past decades, from the Orkney Child Abuse Scandal to allegations made against carers and teachers in residential institutions and the latest mexia frenzy surrounding Jimmy Seville and the resulting police investigation Operation Yewtree:

“These scandals reinforce the dangers that exist where a modern day witch-hunt takes place”

He then goes on to discuss a number of practical guidance points and the core areas which commonly arise within historic cases. These include fresh evidence, complaints made in respect of representation at trial along along with the need for a clear understanding of the principles of abuse of process, given the delay in bringing these proceedings, and finally, the process of the police investigation and issues of disclosure:

“…for with many miscarriages the successful appeals rests upon a material non-disclosure by the Prosecution….never assume that material has been disclosed”.

Mark Barlow is a door tenant at Garden Court North Chambers.



Injunctions in the Court of Protection – what are the limits?

The extent of the Court of Protection’s power to grant injunctions has not always been clear, to judges and lawyers alike. Practitioners will recall that...


International Women’s Day 2023

As part of our celebration of this year’s International Women’s Day we are highlighting Anna Morris – an exceptional barrister who has recently been appointed...


What is it like to be a GCN Practice Manager?

We asked our practice managers, Christian Wolfenden and Michael Johnston to share their experiences of the role and how it differs from other places they...


High Court Allows Judicial Review Claim on Universal Credit Overpayment Recovery

R. (on the application of K) v Secretary of State For Work and Pensions [2023] EWHC 233 (Admin) Anyone with any experience trying to negotiate...

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up