In a controversial move, the British government has reinstated a policy requiring victims of historic miscarriages of justice to pay for “bed and board” costs incurred during their time in prison. This decision reverses a previous policy change and has sparked outrage among those affected.
The case of Andrew Malkinson
One of the most notable cases impacted by this policy is that of Andrew Malkinson, who spent 17 years in prison for a rape he did not commit. Despite being cleared by the Court of Appeal last July, Malkinson is now facing a £100,000 ($127k) deduction from his compensation to cover the costs of his incarceration.
Malkinson was wrongfully convicted in 2003 for raping a woman in Salford, Greater Manchester. His case has been pivotal in exposing flaws within the UK’s justice system, and it directly led to the policy reversal that now demands these deductions.
Call for reform
Malkinson has voiced his frustration, calling for an overhaul of the jury and appeals system to better protect those wrongfully convicted. He criticized the current system, stating, “It’s a silly barrier that’s been artificially erected. It’s inexcusable. It’s not justified.”
He also highlighted the lengthy process of receiving compensation, expressing concern that even without the living costs deduction, it could take up to two years for the independent board to determine his compensation.
According to a 2015 House of Commons library document, compensation in miscarriage of justice cases is “the exception rather than the rule,” underscoring the rarity of financial redress for those who have suffered significant injustices.
