- Uplift to compensation cap for
victims of miscarriage of justice
- 30% increase to cap, including
within the armed forces
- Justice for the wrongly convicted
vital to Government's ambition to restore trust in the system as
part of its Plan for Change
Victims of miscarriages of justice will be eligible for greater
compensation to rebuild their lives following a proposed increase
in the compensation cap.
Currently, the maximum amount of compensation payable under the
miscarriage of justice system in England and Wales is £1 million
for 10 or more years imprisonment or £500,000 for up to 10
years.
The caps will be raised by 30%, taking the maximum amounts to
£1.3 million and £650,000 respectively. This is an important
part of the government's Plan for Change, creating a fairer and
better justice system.
Lord Chancellor, , said:
“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.”
Once eligible, the level of compensation is decided by an
independent assessor. 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. It is just one
route in which an individual can receive compensation for a
wrongful conviction, with other options including suing public
bodies.
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.
ENDS
Further information
- Statutory caps on miscarriages of
justice sit in the Criminal Justice Act 1988, and the Armed
Forces Act 2006.
- Previously, the cap for 10 years or
more was £1 million
- For less than 10 years it was
£500,000
- You can apply to Miscarriage of
Justice Application Service (MOJAS) for compensation if your
conviction has been quashed by the courts. These conditions
apply:
o your appeal was
successful and it was submitted 28 days or more after your
conviction in the Crown Court, or 21 days or more after
sentencing for a conviction in a magistrate's court
o your conviction was
overturned after it was referred to the Court of Appeal by the
Criminal Cases Review Commission (CCRC)
o you've been granted a
free pardon
