Constitution of

Wrongly Accused Person

1. Name: The name of the body is Wrongly Accused Person Organisation.

1)      to promote and support the rights of the wrongly accused and their families by providing knowledge, understanding and information to facilitate exoneration where possible in advancement of articles 7,8, 10 & 11 of the Universal Declaration of Human Rights.

2)      to assist reintegration of wrongly accused persons into society with a focus on their security of person, and freedom from prejudice and conflict in advancement of articles 1,2,3, 5 & 25 of the Universal Declaration of Human Rights.

3. In furtherances:

In furtherance exclusively of the foregoing main object, the body shall have the following subsidiary objects:

1)      to provide where possible access to testing and/or expertise capable of challenging the validity of an alleged wrongful accusation/conviction where equality of arms (article 6 ECHR*) has been denied or for some other reason has not been available previously through other channels. – charitable purpose (j), the 2005 Act section 7(2)

2)      to source and provide funds required to meet objective 1 above where other appropriate sources are not available either permanently or in the case of an alleged wrongly accused/convicted person(s) being incarcerated, until other funds are available to expedite the availability of such results/reports. – charitable purpose (n), the 2005 Act section 7(2)

3)      to locate, source and fund where appropriate either directly or indirectly services necessary to maintain or improve the well-being of those affected throughout a wrongful accusation/conviction including aftercare. – charitable purpose (n), the 2005 Act section 7(2)

4)      to make available appropriately trained persons for child and vulnerable witnesses either directly or indirectly to ensure their human rights are maintained and prevent exploitation. – charitable purpose (j), the 2005 Act section 7(2)

5)      to raise awareness and improve understanding of the effects and frequency of wrongful accusations and convictions in the wider community i.e. the public and in doing so reduce the suffering caused by the prejudice resulting from such accusations/convictions. – charitable purpose (b), the Act section 7(2)

* ECHR – European Convention of Human Rights.

4. Powers. To the extent that the same are essential or ancillary to the promotion of the main object of the body as heretofore set out the body may exercise the following powers:

1)      In order to achieve the above aims and objectives of the body, fundraising is a necessary requirement. Where possible any fund raising events will attempt to address other objectives such as raising public awareness by basing activities on themes relative to the main objective and include information capable of promoting wider understanding.

2)      Publications will be required in order to educate affected persons and the wider community. Any such publications will be produced in accordance with the aims and objectives of the body.

3)      Media involvement will play a vital role in connecting with the general public in order to raise awareness of, and promote the aims and objective set out above.

4)      With the consent of those affected, collate information for the purposes of researching factors responsible for, or resulting from wrongful accusations/convictions. Making the findings of such research available to bodies affected by or relevant to the resulting knowledge.

5. Rules

1)      Members and volunteers will consider those at the heart of the body’s aims and objectives at all times.

2)      Progress reports will be produced on a rolling basis to facilitate performance reviews and aid future development of the body in order to achieve its objectives.

3)      Reports and performance will be assessed by members annually following which a year summary will be documented including any arising needs for improvement and development of the body

4)      It is accepted that as the body matures and develops, it may be necessary to introduce further objectives, powers or rules accordingly. Any such progressive alterations and/or additions will take into account existing objectives, powers and rules and will be made available to members, volunteers and all other concerned parties.

The income and property of the body, shall be applied solely towards the promotion of its main object as set forth in this Constitution. No portion of the body’s income and property shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit, to the members of the body. No Officer shall be appointed to any office of the body paid by salary or fees, or receive any remuneration or other benefit in money or money’s worth from the body.

However, nothing shall prevent any payment in good faith by the body of:

a) reasonable and proper remuneration to any member of the body (not being an Officer) for any services rendered to the body;

b) interest at a rate not exceeding 5% per annum on money lent by Officers or other members of the body to the body;

c) reasonable and proper rent for premises demised and let by any member of the body (including any Officer) to the body;

d) reasonable and proper out-of-pocket expenses incurred by any Officer in connection with their attendance to any matter affecting the body;

e) fees, remuneration or other benefit in money or money’s worth to any Company of which an Officer may be a member holding not more than one hundredth part of the issued capital of such Company.

If on the winding-up of the organisation, any property remains after satisfaction of all the organisation’s debts and liabilities, such property shall not be paid to or distributed among the members of the organisation; that property shall instead be transferred to some other charity or charities (whether incorporated or unincorporated) whose objects are similar (wholly or in part) to the objects of the organisation.

No addition, alteration or amendment shall be made to or in the provisions of this Constitution for the time being in force unless the same shall have been previously approved in writing by the OSCR.

Annual audited accounts shall be kept and made available to the OSCR on request.

W. A. Middleton                                           S. Lean        

Date : 08/12/2010                                 Date: 08/12/2010

   Director                                                      Director