In a significant step towards rectifying miscarriages of justice, the UK government has announced that wrongly convicted individuals will no longer have living costs docked from their compensation payments. Justice Secretary Alex Chalk KC implemented the reform with immediate effect on Sunday, following public outrage surrounding the case of Andrew Malkinson.
Andrew Malkinson, who spent 17 years in prison for a rape he did not commit, welcomed the abolishment of the “unjust rule.” Last week, appeal judges quashed his conviction after DNA evidence linked another man to the crime. However, Mr. Malkinson had expressed concerns that expenses could be deducted from any compensation payment he might receive to cover the costs of his wrongful incarceration.
Responding to widespread demands to address the issue, Prime Minister Rishi Sunak supported the removal of these deductions, with Downing Street signalling that they were deemed unfair. Justice Secretary Alex Chalk has now updated the guidance, dating back to 2006, to eliminate living cost deductions from future payments under the miscarriage of justice compensation scheme.
While the reform has been widely welcomed, Andrew Malkinson urged for broader changes in the justice system to protect the innocent. He raised concerns about the police’s handling of evidence and the jury’s ability to convict with a 10-2 majority. Malkinson also expressed dissatisfaction with the miscarriage of justice watchdog, emphasising the need for greater accountability and efficiency in processing compensation claims.
However, advocates for the wrongly convicted are calling for further action, urging the government to repay the money already deducted from compensation received by previous miscarriage of justice victims. Justice Secretary Alex Chalk emphasised that fairness is a fundamental principle of the justice system, and victims of miscarriages of justice should not face deductions for saved living expenses.
Sir Bob Neill, the Conservative MP and chair of the Commons Justice Committee, praised the prompt action taken by Alex Chalk, acknowledging the tireless efforts of Andrew Malkinson, his family, and supporters in bringing attention to the issue. He suggested that the government should consider making ex-gratia payments on a case-by-case basis to redress the deductions already made.
Liberal Democrat justice spokesman Alistair Carmichael also voiced support for reviewing past cases where deductions were made and fully compensating the individuals wrongfully convicted. He criticised the practice of charging those who have suffered wrongful imprisonment for saved living expenses, terming it a “sick joke.”
The miscarriage of justice compensation scheme allows eligible individuals to apply for compensation within two years of being pardoned or having their convictions overturned. To qualify, they must demonstrate beyond reasonable doubt that they did not commit the offence and were not responsible for the non-disclosure of evidence. The maximum payment available under the scheme is £1 million for individuals imprisoned for over ten years.