Cap on payouts for miscarriage of justice victims to increase

The government has increased the cap on payouts to victims of miscarriages of justice to ensure they are compensated for “the years they cannot get back”.

The Ministry of Justice (MoJ) said the maximum amount will be raised in England and Wales for the first time since 2008, from £1m to £1.3m.

Andrew Malkinson, who had his conviction quashed in 2023 after spending 17 years in prison for a rape he did not commit, previously described the cap as “ridiculous”.

Reacting to the uplift, legal charity Appeal, which represented Mr Malkinson in challenging his wrongful conviction, argued the increase “falls far short of matching inflation”.

On Tuesday, the government said that the cap would be raised by 30%.

This would bring the limit on compensation for people who have been in jail for 10 years or more to £1.3m, and £650,000 for up to a decade.

In a statement, the MoJ said the increase would create “a fairer and better justice system”.

Justice Secretary 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 will be decided by an independent assessor.

In a statement, investigator James Burley, who led Appeal’s investigation into Mr Malkinson’s case, said: “This is a step forward, but the increase falls far short of matching inflation since the cap’s introduction in 2008.

“Wrongful conviction survivors like Andrew Malkinson have endured unimaginable pain. The compensation they receive to rebuild their lives should reflect that reality, not be limited by an arbitrary cap.”