Compensation for wrongful conviction
The Statutory Provisions
The following statutory provisions (s133 of the Criminal Justice Act 1988 as ameded by section 61 of the Criminal Justice and Immigration Act 2008) apply in cases where a conviction has been reversed following an appeal brought out of time:
- The conviction has been quashed following a reference to the Court of Appeal (by the Home Secretary prior to 31 March 1997 or the Criminal Cases Review Commission post 31 March 1997)
- The conviction was quashed on Appeal under s7 of the Terrorism Act 2000;
- If a conviction is quashed on appeal under section 12 of the Prevention of Terrorism Act 2005
- Or a pardon has been granted, and
- In each case after the emergence of a new or newly discovered fact, and provided the non-disclosure of that fact was not wholly or partially attributable to the applicant.
The legislation complies with international obligations [Article 14(6) of the International Covenant on Civil and Political Rights].
How to apply for compensation
If your conviction has been quashed following an out of time appeal and you wish to apply for compensation you will need to complete an application form and forward it to: Miscarriages of Justice Team, Better Trials Unit, Office for Criminal Justice Reform, Post Point 7.37, 102 Petty France, London SW1H 9AJ.
You can download the form from the right hand side of this page or alternatively to request a hard copy of the application form (or for any general enquiries) please telephone 020 3334 6085 or 020 3334 6080.
Awards of compensation
The Justice Secretary takes the final decision as to whether the applicant qualifies for payment. An independent assessor determines the amount of the award in all cases. It is not normal practice for the Justice Secretary to publish details of individual awards although details of losses incurred by third parties for which the Assessor is paying compensation may be revealed to the third party.
The Criminal Justice and Immigration Act 2008
The Criminal Justice and Immigration Act 2008 (the Act) which received Royal Assent on 8 May 2008 and became operative from 1 December 2008 makes changes in the operation of S133 of the Criminal Justice Act 1988 in relation to the compensation payable following miscarriages of justice. The changes include:
- The introduction of a 2 year time limit for making an application following the quashing of convictions (for convictions quashed before 1 December 2008 the time limit will be 2 years from that date).
- Introduces a limit on the level of compensation payable to £500,000 for those serving less than 10 years in relevant detention and to £1,000,000 for those serving over 10 years in relevant detention.
- Introduces a limit on the level of lost earnings payable to 1.5 the National mean average for any one year.
- Allows the Assessor to make deductions for other criminality and conduct from the overall award.
- Allows the Assessor to make a nominal award, in exceptional cases, on account of other criminal convictions and/or contributory conduct of the applicant.
These changes apply to any cases where the Justice Secretary approves eligibility for compensation after the commencement date of the Act's provisions (1 December 2008). Detailed guidance is attached to the downloadable application form on the right hand side of this page.
How to apply to the Criminal Cases Review Commission
If you believe you have been wrongly found guilty of a criminal offence or wrongly sentenced, and you have exhausted the normal appeal process, you can contact the Criminal Cases Review Commission.
The Commission is an independent body responsible for investigating suspected miscarriages of criminal justice in England, Wales or Northern Ireland.
If you think the Commission can help you, you should apply, in writing, supplying details of your case. Their contact details are as follows:
Criminal Cases Review Commission
T. 0121 633 1800
F. 0121 633 1804
Email info@ccrc.gov.uk
Website http://www.ccrc.gov.uk/