Miscarriage of Justice Compensation

Andy Slaughter Excerpts

Wednesday 19th March 2025 Westminster Hall

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

It is a pleasure to serve for the first time in a Westminster Hall debate that you are chairing, Mr Turner. It has also been a pleasure to hear the speech of the hon. Member for Ceredigion Preseli (Ben Lake). I thank him for selecting this topic for debate and for the outstanding representation he has given to his constituent, Mr Buckle.

There are concerns about miscarriages of justice that go beyond compensation. This debate is specifically about compensation, which I will come to, but it would be remiss of me not to note at the beginning of the process that there are various concerns, particularly around the role of the Criminal Cases Review Commission and more generally—I will come to the Law Commission report later. I will say no more than that there has been recent turbulence at the top of the CCRC and that the Justice Committee is holding a public session on that body on 1 April, when we might also touch on the subject of compensation.

I will briefly take this opportunity to say to the Minister that we are awaiting the appointment of an interim chair, following the resignation of the previous chair. We need an interim chair, and we need a strong interim chair. We also need a good process for selecting a permanent chair of that body. She will know that the Justice Committee has asked to be involved in that process as part of a pre-appointment approval hearing, and I hope that can happen. If she has anything to say on either of those matters today, that would be most welcome.

It is right that there are concerns about the process for identifying miscarriages of justice. I am pleased to see that my hon. Friend the Member for Liverpool Riverside (Kim Johnson), who very ably chairs the all-party parliamentary group on miscarriages of justice, is here, and no doubt she will say something about this issue. Unless we clearly identify cases, and do so in a timely manner, the issue of compensation will come even further down the line or will perhaps not even come to the fore.

We have heard that the Law Commission is producing a substantial report—it is a very substantial consultation exercise, at some 700 pages so far—looking at the way that the CCRC operates. The Law Commission correctly says that the test that exists for referring cases is a faulty one. “Faulty” is my word; what the Law Commission says is that there is a real possibility that referred decisions would not be upheld due to a new argument or evidence not raised in the original or appeal proceedings, which effectively means that the CCRC is having to second-guess the view of the Court of Appeal. The Law Commission is consulting on that, and it says that it is provisionally persuaded that the current test should be replaced with a non-predictive one.

The second important change that the Law Commission is putting forward for consultation is that the CCRC should return to what I think it was originally intended and have an investigatory function. In so many cases, evidence presented to the CCRC is not looked at in good time, and when it is looked at, it is looked at purely on the merits of what is submitted, rather than the CCRC going behind the case to see whether there has been a substantial miscarriage of justice.

Let me turn specifically to the issue of compensation. This issue has been added to the Law Commission review, and it has said, in very strong terms, that it believes that the law as it stands is incoherent on that point. The concluding paragraph in that section of the report, paragraph 16.75, says:

“The current compensation scheme seemingly prioritises minimising the risk of the guilty receiving compensation at the expense of the innocent receiving compensation. Some people who are provably innocent – on the balance of probabilities, which would ordinarily apply in civil compensation proceedings – are denied compensation. The stringent requirements of the current compensation scheme seem to be in tension with the overall objective of the criminal justice system. As noted by Lord Phillips, requiring a wrongfully convicted person to prove their innocence beyond reasonable doubt is a ‘heavy price to pay’ to ensure that no guilty person receives compensation. We consider that imposing the criminal standard of proof on an applicant is indefensible and inconsistent with the fundamental principles that underlie our criminal justice system.”

That is incredibly strong language from a body that is as thoughtful and reserved as the Law Commission.

It has also been said that some of the recent, and of course welcome, compensation schemes that have been devised to deal with the injustices in the Post Office Horizon scandal—there are four separate schemes for that—have had to be devised to deal with something that was a national outrage, affecting many thousands of people, because the current system simply does not work on its own merits.

I say gently to the Minister that all those factors are reasons why we have to look at both the issue of wrongful conviction and the issue of compensation for wrongful conviction. I do not want to go over the same ground that has been very assiduously described already by the hon. Member for Ceredigion Preseli, who secured this debate, but it has been said that, with each passing decade, there have been more and more restrictions.

There have been some positive steps. The previous Lord Chancellor, Alex Chalk, was right to end the disgrace of those who had been exonerated having to pay for their bed and board while in custody out of their compensation. That compensation is already heavily limited. The circumstances under which that compensation becomes available have, as we have heard, become extraordinarily limited. I can give one statistic in relation to that.

In 2005-06 the compensation actually awarded to victims of miscarriages of justice was £14.6 million. Ten years later—this is the total sum—it was £12,493. To all intents and purposes, compensation has ended as far as victims of miscarriage of justice are concerned. Of course, that is not everything. The important thing is to get people out of prison and clear their names once they have been exonerated. But the financial, material and other damages, including emotional damages, that in any field of civil law would be compensated, simply have not been addressed. People are still being punished.

As in the case of Mr Buckle, people are still being punished despite being exonerated. The state should not just be apologising, redressing wrong and vindicating people who have been shown to be in that situation. The idea that the “beyond reasonable doubt” test is a reasonable test, if there was ever an argument for it when it was introduced in 2014, has been disproved. The rationale was that if somebody was cleared on a technicality, it would be wrong for the state to compensate them for that. Well, the system is able to deal with cases like that. What it has done is caught everybody in its net, including the most deserving cases.

The only thing we have to think about when it comes to whether we have a just or unjust system at the moment is which historical cases would now be caught. At the invitation of the chair of the APPG, my hon. Friend the Member for Liverpool Riverside, I attended a 50th anniversary event of the Birmingham Six a week or two ago at which there were representatives of many other miscarriages of justice. The fact remains that were the Birmingham Six now being exonerated, or the Guildford Four, the Cardiff Three or many other cases, they would not receive compensation. The line has moved so far to one side that in almost every case there is an injustice.

Yes, it is vital that we get right the way we deal with miscarriages of justice, whether that is in the Court of Appeal, the CCRC or through legislation. Clearing someone’s name and getting them out of prison when they have been undeservedly sent there is one thing. Ensuring that they, their families and their lives are put back on track requires substantial sums of money—not thousands of pounds, but often hundreds of thousands of pounds, or in some cases millions of pounds.

There are arbitrary limits and insuperable barriers, which is itself a grave injustice. The sooner that we can change that system, the better. I do not know what my hon. Friend the Minister will be able to say today, but within the next weeks and months we have to see not just a review of the rules on compensation, but a review of the whole way that the miscarriages system functions—in particular a review of the role of the CCRC, which appears to have severely lost its way.