House of Commons · Westminster Hall
19 March 2025 · 7 other contributors · 10,795 words
Opened by Ben Lake PC Ceredigion Preseli
Responding minister: Alex Davies-Jones
Summarised by AI from the official record, so it can contain mistakes.
Ben Lake raised concerns about miscarriage of justice compensation in Westminster Hall. A government minister responded.
Key points
Key requests to Government
The lead MP asks the government to ensure fair compensation for victims of miscarriages of justice, highlighting the need for a system that supports exonerated individuals rather than prolonging their suffering.
MPs spoke in turn to share their views and ask questions. Here's what each person said.
Opened the debate
In England and Wales, compensation for the wrongly convicted is the exception rather than the rule. Many citizens expect victims of miscarriages of justice to receive fair and swift compensation, but this is not always the case. The current system forces innocent individuals to fight for years at great cost to clear their names, as seen in the example of Mr Brian Buckle who was wrongfully imprisoned and has suffered significant financial and personal losses.
Welcomed Ben Lake's speech and raised concerns about the role of the Criminal Cases Review Commission, noting recent turbulence at its top and the need for an interim chair.
Apologises for failing to acknowledge the Chair's inaugural session and thanks Members for their contributions. Highlights the need to right a clear wrong by addressing the issue of compensation delays for those with overturned convictions.
Acknowledges the UK’s justice system as respected worldwide, emphasizing the importance of rectifying miscarriages of justice. Highlights reforms made by the previous government, including removing deductions for living expenses saved while in prison and legal aid improvements to help access justice for those wrongly convicted.
Mr. Shannon expressed concern about the Ministry of Justice's approach, suggesting it places an impossible burden on exonerees to prove their innocence and that this contradicts the principle of being innocent until proven guilty. The hon. Member for Strangford commended the hon. Member for Ceredigion Preseli for raising the issue and reiterated that everyone should be considered innocent until proven guilty. Discussed the devastating impact of miscarriages of justice on victims and their families.
Josh Babarinde acknowledges that those wrongfully convicted are victims of a gross failure by the state. He argues that no amount of money can restore losses of such profound dimensions, emphasizing the need for principles of fairness and accountability. Highlighted the importance of ensuring that victims have confidence in the criminal justice system.
Present at the debate, although no direct contribution is noted in this text. She thanks Ben Lake for securing the debate, highlights the Birmingham Six case, and pays tribute to Paddy Hill. She mentions Andy Malkinson's wrongful conviction and his recent compensation.
As a solicitor before becoming an MP, Warinder Juss understands the importance of compensation and access to justice for victims of miscarriages of justice. She criticises the 2014 Act which reversed the burden of proof, leading to significant decreases in the number and value of compensation payments awarded. Provided statistics on miscarriage of justice applications and compensation awarded, questioning the eligibility criteria for state compensation.
Government Response
Alex Davies-JonesThe Parliamentary Under-Secretary of State for Justice
Welcomes the debate under Mr Turner's chairmanship, thanking Ben Lake for bringing this important topic. Acknowledges the Law Commission’s review on criminal appeals and compensation for wrongful convictions, focusing particularly on meeting international obligations. Urges thorough consideration of proposed reforms to ensure fairness and support for victims. Clarified the definition of a miscarriage of justice, discussed the importance of safeguards like the Court of Appeal and Criminal Cases Review Commission, highlighted swift action taken in cases such as Andrew Malkinson's, mentioned compensation payouts for Post Office Horizon scandal victims amounting to £190 million, detailed the eligibility criteria for state compensation from MOJAS, acknowledged ongoing consultations on private prosecutions oversight and evidence generated by software in criminal proceedings, and noted the Law Commission’s consultation on changes to laws related to criminal appeals.