Image: The Birmingham Six with (centre) Mr Chris Mullin - investigative journalist and author.
21st November 1974 is a day that will be remembered for criminal infamy. Two explosions in Birmingham (UK) wrecked two pubs - The Mulberry Bush and The Tavern killing 21 people and injuring some 220, many seriously. A third bomb placed at a Barclays Bank branch on Hagley Road, Birmingham, was defused on the same evening. The widespread belief was, and still is, that the bombs were the work of the Provisional IRA1 but that has never been admitted.
In 1975, six men - “the Birmingham Six” - Hugh Callaghan, Patrick Joseph Hill, Gerard Hunter, Richard McIlkenny, William Power and John Walker - were arrested, charged and subsequently tried in the Shire Hall of Lancaster Castle before Mr Justice Bridge2 and a jury. The judge rejected legal argument that the men's statements should be excluded from the evidence, and they were convicted on 9 June 1975 and sentenced to life imprisonment on 15 August.
Image: Shire Hall, Lancaster Castle.
In 1987, an appeal was dismissed and the men remained in prison for a total of 16 years until 14 March 1991 when their convictions were finally quashed by the Court of Appeal (Criminal Division). Financial compensation was subsequently paid.3 The Crown conceded that the men’s statements, admitted in evidence at trial, were unreliable.
The Royal Commission on Criminal Justice
The Birmingham Six case led to the Home Secretary (then Mr Kenneth Baker MP) setting up a Royal Commission on Criminal Justice.4 Baker stressed the need to address the issues raised by the Birmingham Six case and to minimise the possibility of other miscarriages occurring.
Given that there several notable miscarriage of justice cases, there was widespread expectation at the time that the Commission would fundamentally reappraise the criminal justice system. Features leading to miscarriages of justice included: false confessions, failures of disclosure by the Police or Prosecution of evidence favourable to the accused (exculpatory material), and questionable forensic science. There was also a view that the Court of Appeal needed to be more ready to acknowledge that errors had occurred and could occur again.
The Commission reported in June 1993 making 352 recommendations - Full report of the Royal Commission - including the creation of a body with power to examine alleged miscarriages of justice and able to refer cases to the Court of Appeal.5 As a result, the Criminal Cases Review Commission was created in 19956 and began its work on 31 March 1997.
A full examination of the Commission’s report is beyond the scope of this Viewpoint but the report was strongly criticised by some writers.7 In several respects, it was a missed opportunity for more radical reform.
Prevention of Terrorism
Within 8 days of the Birmingham bombs, the Prevention of Terrorism (Temporary Provisions) Act 1974 was rushed through Parliament. It was to last for 6 months but contained provision for its continuation. The result was that “Temporary” legislation of this type was on the statute book until its replacement by the Terrorism Act 2000.8
At the present day, there is extensive “terrorism legislation” which is subject to review by an Independent Reviewer.9
Image: The Mulberry Bush after the bomb
Inquests
Coroners Inquests were opened in late 1974 but were adjourned in 1975 pending criminal proceedings against "the Birmingham Six." The inquests remained adjourned for over 40 years until, on 1st June 2016, the Senior Coroner in Birmingham ruled that they should be resumed. Sir Peter Thornton QC was appointed by the Lord Chief Justice as the coroner to conduct the Inquests.
Thornton ruled that the Inquests would comply with the procedural requirements of Article 2 (Right to Life) of the European Convention on Human Rights and would be held with a jury.
The function of an inquest is to ascertain (a) who the deceased was; (b) how, when and where the deceased came by his or her death; and (c) the particulars (if any) required by law to be registered concerning the death - (Coroners and Justice Act 2009 section 5).
The courts have held that the "how, when and where" question is to include in what circumstances the death took place. The word "circumstances" makes the Coroner's investigation much wider than it would otherwise be.10
At the Birmingham inquests, the relatives of the victims wished to find out who the perpetrators actually were if it was possible to do so but Thornton ruled that the investigation into the identity of the suspected perpetrators ('the Perpetrator Issue') would not be dealt with as part of the inquests.
That ruling was the subject a judicial review in the High Court brought by families of victims but the court decided that the perpetrator issue did not have to be investigated at the inquests. The High Court decision was made by Lord Justice Salmon sitting with Mrs Justice Carr and the judgment may be read here. Carr is now Lady Chief Justice of England and Wales.
The families also struggled to obtain legal aid for representation but it was eventually granted - - BBC News 4th May 2017. In Coroners Courts this continues to be an on-going problem.11
On 5th April 2019, the jury determined12 that the 21 were murdered, that the bombs were planted by the IRA, and that the inadequacies of a warning call made by an IRA member contributed to the deaths. The first bomb exploded only seven minutes after the call was received by a telephonist at a local newspaper. The call gave imprecise locations for the bombs, and did not mention the pubs in which they had been placed.
The jury also found, on the evidence presented, that the deaths were not caused or contributed to by errors or omissions of the West Midlands Police. It had been suggested that lives could have been saved if the police had done more to respond to the warning call, or if they had taken investigative steps following information allegedly received prior to the bombings. The jury found in both instances that no such errors or omissions had caused or contributed to the deaths - see The Birmingham Pub Bombings Inquest concludes - 1 Crown Office Row, London, Barrister Chambers (1cor.com).
Further criminal proceedings?
No further charges have ever been brought and it seems unlikely that they ever will be - Express and Star 40 years on and no justice for the Birmingham pub bombing victims.
An investigation by West Midlands Police took place after the inquests but, in August 2023, the Crown Prosecution Service decided that there was insufficient evidence to bring charges - Birmingham pub bombings: Relatives angry over no charge decision - BBC News
The Legacy Act
A previous Viewpoint has already looked at the controversial Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 - see Viewpoint Northern Ireland and The Troubles (30 April 2024).
The legislation was not welcomed by relatives of victims of the pub bombings: Relatives 'horrified' at passing of Legacy Bill - BBC News
The recent King’s Speech (17 July 2024 ) foreshadowed its repeal -
That statement clearly left open the question of timescale and the government has refused to specify one - King's speech: Pledge to repeal NI Troubles legacy act - BBC News 17 July 2024. The word “replacing” is also important and any replacement may also prove to be controversial.
Section 19 of the Act provides for immunity from prosecution if certain requirements are met but the High Court of Northern Ireland has held that
The provisions in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 relating to immunity from prosecution, namely sections 7(3), 12, 19, 20, 21, 22, 39, 41 and 42(1) are incompatible with article 2 of the Ireland/Northern Ireland Protocol/Windsor Framework. Pursuant to section 7A of the EU (Withdrawal) Act 2018 article 2 of the Ireland/Northern Ireland Protocol/Windsor Framework has primacy over these provisions thereby rendering them of no force and effect. These provisions should therefore be disapplied.
Dillon & Ors, Re Application for Judicial Review (Rev1) [2024] NIKB 11 (28 February 2024) (bailii.org).
Repealing the Legacy Act and Redressing the Troubles - Queen's Policy Engagement (qub.ac.uk).
Justice?
Even after almost 50 years, it cannot be said that justice has been achieved. Today there is a memorial to the victims. The stories of some of the survivors are set out in this BBC article -
Birmingham pub bombings: 'I woke up amongst debris and dead people' - BBC News 5 April 2019
Links
Birmingham Six - Wikipedia
Birmingham pub bombing inquests - BBC News - links to several news items
Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (legislation.gov.uk) - explanatory notes
BBC NEWS | Northern Ireland | Birmingham Six's McIlkenny dies - 2006
Hugh Callaghan, one of the Birmingham Six, dies aged 93 - BBC News 2023
Provisional Irish Republican Army - Wikipedia. Their principal aim was to end British rule in Northern Ireland, facilitate Irish reunification and bring about an independent republic encompassing all of Ireland. It is ironic that reunification could now come about if a “border poll” favoured it - see Northern Ireland Act 1998 section 1. At least in my opinion, BREXIT has made reunification more likely.
Bridge became Lord Bridge of Harwich and he sat in the Appellate Committee of the House of Lords from 1980 until 1992.
Earlier Viewpoint - Miscarriage of Justice June 2024.
Royal Commission on Criminal Justice - Wikipedia
Recommendation summary - numbers 331 to 352.
Criminal Appeals Act 1995 section 8. Amendments to the law relating to appeals came with the Criminal Appeal Act 1995. The modern ground for quashing an appeal is that the court considers the conviction to be unsafe - see 1995 Act section 2.
e.g. Normalizing Injustice: The Royal Commission on Criminal Justice on JSTOR
The 1974 Act was repealed and replaced in 1976 with a renewal period of 12 months. The 1976 Act was replaced in 1989 - (the renewal period remained 12 months dating from 22 March 1990). The 1989 Act was replaced by the Terrorism Act 2000.
See also The Independent Reviewer’s role
See e.g. Morahan, R (On the Application Of) v HM Assistant Coroner for West London (Rev1) [2021] EWHC 1603 (Admin) (11 June 2021) (bailii.org)
Funding for representation at an inquest is not generally available because an inquest is a relatively informal inquisitorial process. rather than an adversarial one. That is the official position but is highly unsatisfactory given the complexities of the law and possible difficulties with evidence. Official bodies - e.g. the Police - are invariably represented by lawyers.
In present-day law, inquests reach “determinations” and not “verdicts”.