Greater compensation for victims of Miscarriages of Justice
Victims of miscarriages of justice will be eligible for greater compensation to rebuild their lives following a proposed increase in the compensation cap.
- 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
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, Shabana Mahmood, 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.
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:
- 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
- Your conviction was overturned after it was referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC)
- You’ve been granted a free pardon