Compensation for wrongful conviction
The Statutory Provisions
The following statutory provisions (s133 of the Criminal Justice Act 1988) 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 the Office for Criminal Justice Reform, Better Trials Unit, Miscarriages of Justice Team, Ground Floor, Fry Building, 2 Marsham street, London SW1P 4DF.
You can download the form from the right hand side of this page.
Awards of compensation
The Lord Chancellor and Secretary of State for Justice 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 Lord Chancellor and Secretary of State for Justice to publish details of individual awards.
The Criminal Justice and Immigration Act 2008
The Criminal Justice and Immigration Act 2008 (the Act) which received Royal Assent on 8 May 2008 will eventually make changes in the operation of S133 of the Criminal Justice Act 1988 in relation to the compensation payable following miscarriages of justice. These changes are not likely to come into force until October 2008 at the earliest. The changes include:
- The introduction of a 2 year time limit for making an application following the quashing of convictions (for convictions quashed before 8 May 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.
It is expected that these changes will apply to any cases where the Secretary of State approves eligibility for compensation after the commencement date of the Act's provisions. Further, more detailed, guidance will be published before the Act's provisions in relation to miscarriage of justice compensation come into force.
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 may like to 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 area 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/