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The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
It is a privilege to serve under your inaugural chairship today, Mr Turner, and what an important debate for that chairship. I also place on record my sincere diolch yn fawr iawn to the hon. Member for Ceredigion Preseli (Ben Lake) for bringing this important debate to this place, and for highlighting the case of his constituent, Mr Buckle, and his family.
Fairness is a core pillar of our justice system. Miscarriages of justice are thankfully very rare, but they have a devastating impact on those who suffer them. They are victims of the state, so it is right that the state should help and support those people in rebuilding their lives. It is also right that we should seek to redress the occurrence of miscarriages of justice and to reduce them by learning lessons when things go wrong. Ensuring people are better protected from miscarriages of justice is one part of the Government’s “Plan for Change.”
Any miscarriage of justice is a tragedy, both for the person who is wrongfully convicted and—as was eloquently expressed by the hon. Members for Strangford (Jim Shannon) and for Eastbourne (Josh Babarinde), the Liberal Democrat spokesperson—for the victim of the original crime and their family, who have not seen justice done. As the Minister with responsibility for victims and violence against women and girls, I know how important it is that victims have confidence in the criminal justice system and that we have safeguards in place such as the Court of Appeal and the Criminal Cases Review Commission. We work hard to ensure that, when errors occur, changes are put in place to prevent similar cases from ever happening again.
As we have heard, the last year has seen some miscarriages of justice that have shocked all of us as a society, including the Post Office Horizon scandal and the appalling case of Andrew Malkinson, who was convicted of a crime he did not commit. While those cases are the exception, they require serious and swift action, which we are taking.
The Lord Chancellor has met Mr Malkinson to hear how his case has affected him. Following her meeting with him, she acted swiftly to ensure that those receiving a compensation payout for a miscarriage of justice will not have their financial eligibility for legal aid affected. The Lord Chancellor has stated her conviction that justice must be a reality, not an ideal, and I wholeheartedly agree. Following the agreement of Parliament to overturn the postmasters’ convictions, this Government acted swiftly to stand up a compensation scheme specifically for those affected. As of February this year, 273 final claims have been paid along with 407 interim payments, with the Government issuing £190 million in compensation.
As I turn to the issue of compensation, which is what this debate is about, I feel it is important at the outset to clarify what we mean when we talk about a miscarriage of justice. The Court of Appeal is a vital safeguard in the criminal justice system. If someone appeals their sentence within the time limit, which is normally 28 days, and the Court of Appeal overturns their conviction, that is the system working as it should to correct any errors. That is not a miscarriage of justice. The interest here today is in those who have exhausted the usual appeal processes, and have often referred themselves to the Criminal Cases Review Commission. If the CCRC finds that there is a real possibility that the Court of Appeal will not uphold the conviction, it will refer the case. If the conviction is then overturned, the person may have a qualifying miscarriage of justice for the purposes of compensation. It is important to outline that here.
The miscarriage of justice application service, known as MOJAS, pays compensation to those who have suffered a qualifying miscarriage of justice. References today to a 93% refusal rate do not necessarily provide the full picture, because the Department routinely receives applications from people who do not pass the initial triage stage. Reasons for that may include that they had their conviction overturned simply following an in-time appeal, or that they had not had their conviction overturned at all; in some cases, there is no criminal conviction in the first place. As my hon. Friend the Member for Wolverhampton West (Warinder Juss) highlighted, in the six years to April 2024, there were 591 applications received, but only 133 passed the triage and were eligible for full consideration. Of the 133 applications that passed the triage, 39 have been awarded compensation, with the Government paying out £2.4 million.
Understandably, there is some debate about where the line should be drawn for the purposes of compensation, and I am grateful to the hon. Member for Strangford for outlining that. However, I highlight that there are a number of reasons why someone might have their conviction quashed on appeal, and we believe it is right that there should be a process by which eligibility for compensation from the Government should be assessed. That will ensure that taxpayers’ money is used appropriately and effectively. The test is designed so that only those who can demonstrate that their conviction has been reversed on the basis of a new or newly discovered fact that shows beyond reasonable doubt that they did not commit the offence can receive compensation from the state.
The 2023 European Court of Human Rights judgment, which was mentioned by the hon. Member for Ceredigion Preseli, considered the test by which eligibility for compensation was assessed in the case of Nealon and Hallam. In its judgment, issued in 2024, the Court found that the test did not breach applicants’ rights under article 6, specifically the presumption of innocence.
MOJAS is just one route by which someone whose conviction is quashed can receive compensation or support. For example, it may also be open to someone to bring a civil claim in cases where a particular agency is at fault. Support is also available through the miscarriage of justice support service, which is part of Citizens Advice, based at the Royal Courts of Justice. The support service provides advice and support to those who have their convictions quashed to help them to rebuild their lives. That could involve helping someone find accommodation, assisting with benefit claims or signposting to psychological support services. Anyone who has had their case referred to the Court of Appeal by the Criminal Cases Review Commission is eligible for that support.
I also highlight the work that we are doing in this area both to reduce occurrences of miscarriages of justice and to improve the Government’s response to them. The Post Office scandal highlighted the lack of oversight of prosecutions brought by private prosecutors. On 6 March, the Government launched a consultation on the oversight and regulation of private prosecutions, with the aim of ensuring that any organisation bringing a private prosecution does so according to rigorous standards and is subject to appropriate scrutiny. In addition, we have launched a call for evidence on the use of evidence generated by software in criminal proceedings. That will inform potential reforms to the law, to ensure that evidence produced by software can be properly assured.
As the hon. Member for Ceredigion Preseli mentioned, the Law Commission is currently consulting on a wide range of changes to the laws relating to criminal appeals. The consultation is rigorous, with more than 100 questions, including questions on compensation for miscarriages of justice. We look forward to the final report in 2026, and we will consider all its recommendations in the round before deciding on any necessary reforms.
The Government are committed to ensuring that the process is fair for all involved in the criminal justice system, and a key part of that commitment is the effectiveness of the Criminal Cases Review Commission, which carries out the vital work of investigating potential miscarriages of justice. As highlighted by my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), the Chair of the Justice Committee, the Secretary of State is in the process of recruiting an interim chair as a matter of priority. The interim chair will be tasked with conducting a full and thorough review of how the organisation operates. The findings of that review, together with the final report of the Law Commission, will provide us with the evidence we need to ensure that any change we make to the system will promote fairness and justice for all involved in criminal justice proceedings.
I will ensure that the request for a meeting is passed to the Minister of State, my hon. and learned Friend the Member for Finchley and Golders Green (Sarah Sackman), who is responsible for this brief. Unfortunately, she cannot be here today as she is in the assisted dying Bill Committee, but I will ensure it is passed on. I will also take a keen interest in the case, which I am sure the hon. Member for Ceredigion Preseli will mention to me at every opportunity.
It is an important principle of the justice system that people who are convicted should have the right to seek leave to apply to a higher court to review their conviction. It is also vital in the rare cases when things do go wrong that the system works effectively to correct errors and ensure that those who have suffered can rebuild their lives. I emphasise again that when the wrong person is convicted, it fails those who are wrongly convicted and also the victim of the original crime. The Government have acted and will continue to act to ensure that lessons are learned and justice is done.