New compensation costs rules for wrongfully convicted may be ‘backdated’
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Justice Secretary Alex Chalk said he is “considering” backdating new rules which mean that wrongly convicted people will no longer have prison living costs deducted from their compensation payments.
The Government minister made the reform with immediate effect on Sunday after the outrage sparked by the miscarriage of justice case centring on Andrew Malkinson.
Mr Malkinson, who spent 17 years in prison for a rape he did not commit, had his conviction quashed after DNA linking another man to the crime was produced.
The 57-year-old quickly expressed concern that the rules meant expenses could be deducted from any compensation payment he may be awarded to cover the costs of his jail term.
In response, Mr Chalk updated the guidance dating back to 2006 to remove them from future payments made under the miscarriage of justice compensation scheme.
To hear of a miscarriage of justice, it makes your blood run cold. It’s an appalling thing to happen
Speaking to broadcasters on Tuesday, he suggested he may go further by backdating the change after Mr Malkinson and Sir Bob Neill, the Tory MP who chairs the Commons Justice Committee, called for wider reform.
He told BBC One’s Breakfast programme: “Certainly since 2006 there have been three cases where deductions have been made, and none in the last 10 years.
“Of those three cases, the reductions from their compensation award have been 3% and 6% so it’s important to get some perspective.
“There’s also issues around the public interest, about retrospectivity – normally there’s a rule that says you shouldn’t make rules retrospective but I’m considering this all in the round.”
Elsewhere the Justice Secretary told BBC Radio 4’s Today programme he was “looking carefully” at repaying bed and board costs for other people who have had their convictions quashed.
He said: “To hear of a miscarriage of justice, it makes your blood run cold. It’s an appalling thing to happen.
“I said, when I took on this role, my priorities were to convict the guilty but acquit the innocent and keep the public protected.
“I wanted to move quickly with the blessing of the Prime Minister to get rid of it – that’s what we did.”
In order to be eligible for a payment under the newly revised rules, people must apply for compensation within two years of being pardoned or having their convictions reversed.
The reversal must be on the basis of a new fact that demonstrates “beyond reasonable doubt” they did not commit the offence and they must not be responsible for the non-disclosure of the evidence.
