The government have confirmed a 30% increase in maximum compensation limits payable under the miscarriage of justice system in England and Wales.
Currently the limits are £1 million for 10 or more years imprisonment or £500,000 for up to 10 years. These are to be increased to £1.3 million and £650,000 respectively; an ‘important part of the government’s Plan for Change, creating a fairer and better justice system’ say the government.
“Fairness is the ideal that underpins our justice system. Where it has failed to meet that ideal, victims of devastating miscarriages of justice must be able to rebuild their lives. This uplift will ensure victims are compensated for the crimes they did not commit and the years they cannot get back.”
said Lord Chancellor, Shabana Mahmood.
The current caps on compensation were introduced in 2008 and have not been increased since. The miscarriage of justice compensation scheme is designed to help individuals restart and rebuild their lives. Once eligible, the level of compensation is decided by an independent assessor. In order to be eligible for a payment under the scheme individuals must:
- Apply within 2 years of being pardoned or having their conviction reversed as a result of a newly discovered fact
- Have been pardoned had their conviction reversed on the basis of a new fact which demonstrates beyond reasonable doubt they did not commit the offence
- Not be responsible for the non-disclosure of the new fact
This increase is also applicable to wrongful convictions in the Armed Forces.
Applications for compensation are made to Miscarriage of Justice Application Service (MOJAS) if a conviction has been quashed. These conditions apply:
- The appeal was successful and was submitted 28 days or more after conviction in the Crown Court, or 21 days or more after sentencing for a conviction in a magistrate’s court
- The conviction was overturned after it was referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC)
- A free pardon has been granted
