- Repeal of Controversial Rule Deducting Living Expenses from Compensation
- Wrongfully Convicted Individuals Welcome Rule Change, Await Compensation
- Calls for Further Reforms and Reimbursements in Miscarriages of Justice Cases
A controversial rule that deducted living costs from wrongful imprisonment compensation has been repealed.
The government altered its approach after Andrew Malkinson spent 17 years in prison for a rape he did not commit.
He praised the change but noted that he still confronts a two-year wait for payment.
Mr. Malkinson stated, “It’s a positive development. However, there is much more that requires modification.
You shouldn’t simply apply a sticking plaster to something that is gravely wounded.
He finds it “sickening, abhorrent, and repugnant” that his pay could have been cut before Sunday’s revelation.
Under a government compensation program, individuals wrongfully imprisoned for more than ten years may receive up to $1 million.
A 2007 House of Lords judgement allows this amount to be reduced by “savings” on accommodation and food while detained.
The Ministry of Justice said its independent assessors have not deducted in a decade.
Members of Congress stated that those whose payments were reduced should now be reimbursed.
Mr. Malkinson has advocated for the elimination of the living expenses rule since the Court of Appeal exonerated him of a 2003 rape in Salford last month.
A jury convicted him solely on identification evidence, but a DNA test revealed another defendant.
Due to his refusal to confess, Mr. Malkinson was sentenced to substantially longer than the seven-year minimum.
He was released in 2020, having always maintained his innocence. And may be eligible for compensation now that his conviction has been officially overturned following his most recent appeal.
Last month, Greater Manchester Police apologised for a “grave miscarriage of justice.”
Alex Chalk, the secretary of justice, verified that the rule would be repealed, calling it a “common sense change that will prevent victims from paying twice for crimes they did not commit.”
He stated, “Fairness is a fundamental tenet of our justice system. And it is not right that victims of calamitous miscarriages of justice be allowed to deduct their saved living expenses.”
However, the government has not committed to reimbursing wrongfully convicted individuals whose compensation has been reduced since the rule’s implementation.
Mr. Malkinson advocated for a reform of the jury and appeals system to provide more protections for wrongfully convicted individuals and stated that he believes “there should be consequences” for those responsible for his imprisonment.
Even with the elimination of the living expenses clause, he expects to have to wait two years for any compensation while the independent board determines how much he is entitled to decide.
He continued, “I’m having trouble. I live off of benefits. I’m unemployed and essentially homeless… I am practically devoid of possessions.”
Calling for the system to be sped up and requirements to be streamlined, he stated, “It’s a ridiculous barrier that’s been erected artificially… it’s unjustifiable. It is not warranted.”
The 2015 House of Commons Library called compensation “the exception rather than the rule” in miscarriage of justice cases.
Emily Bolton, the director of the charity Appeal and Mr. Malkinson’s attorney, stated that some wrongfully convicted individuals are “denied compensation entirely due to a restrictive test that contradicts the presumption of innocence.”
She added, “The state stole the finest years of [Mr. Malkinson’s] life. Changing this single rule is insufficient as a response.
It took two decades for the appeals system to acknowledge this evident miscarriage of justice. Therefore, a complete overhaul of the appeals system is necessary.
Some lawmakers have urged the government to review instances in which living expenses were deducted from compensation payments and to reimburse the affected parties if necessary.
The chair of the Commons Justice Committee, Conservative MP Sir Bob Neill, told, “I’m delighted that the government has listened to what I consider to be the overwhelmingly negative response from the public and politicians.”
He continued, “More work must be done to reform compensation, both for victims of crime and for victims of miscarriages of justice, because the process is tedious.”
In a separate interview with the PA news agency, Sir Bob stated, “I wonder if the government could consider ex-gratia payments on a case-by-case basis to compensate for this if individuals can prove they meet all the criteria.”
Liberal Democrat justice spokesman Alistair Carmichael reiterated this sentiment, urging the government to investigate past cases and “compensate these individuals in full.”
