Miscarriage of Justice Compensation

Josh Babarinde Excerpts

Wednesday 19th March 2025 Westminster Hall

[Josh Babarinde (Eastbourne) (LD)]

It is an honour to serve under your inaugural chairmanship, Mr Turner. I look forward to speaking in the debates that you chair in the weeks, months and years to come.

I congratulate the hon. Member for Ceredigion Preseli (Ben Lake) on securing this debate, the focus of which strikes at the heart of our justice system: principles of fairness, accountability and, ultimately, the duty of the state to right its wrongs. There are no two ways about it: those who have been wrongfully convicted are not merely victims of an unfortunate mistake; they are victims of a gross failure of the state. These individuals have lost not only their liberty, but their livelihoods, their families, their reputations, their dignity and much more. For all the talk of compensation today, no amount of money is able to restore a loss of such profound dimensions.

On the subject of compensation, the miscarriages of justice compensation scheme was set up with the best of intentions to ensure that those who have suffered the gravest injustices are properly compensated. However, as we have heard both in the Chamber today and beyond, that system has perpetuated the injustices it was meant to put right. How? We have heard that in cases where a person’s convictions are quashed, our system forces them to jump acrobatically through legal hoops to access even the most basic financial redress.

We have heard about the case of Andrew Malkinson, who spent 17 years in prison following a conviction that transpired to be unsafe. He had to wait years beyond that for his first tranche of compensation, and he is still waiting for the rest. Such waits and injustices are a national disgrace, not least because they are experienced by so many across our country.

The hon. Member for Liverpool Riverside (Kim Johnson) mentioned the sub-postmasters and sub-postmistresses who also suffered such gross injustices after being wrongly convicted in the Horizon Post Office scandal. People like Kathleen Crane, the former sub-postmistress at Old Town post office in Eastbourne who was wrongly convicted of fraud and made to “pay back” £18,000 that she never owed before her conviction was overturned last year. Despite the injustices that those caught up in this scandal faced, the Horizon convictions redress scheme and the Horizon shortfall scheme—the two special compensation schemes—have been paying out compensation at much too slow a pace, which is a great dishonour to those who were unfairly convicted. I thought the Business and Trade Committee put it aptly when it said of the process that it was,

“akin to a second trial for victims”.

Many folks in this Chamber and beyond, across party political divides, have long campaigned for a fairer approach to addressing miscarriages of justice. The Liberal Democrats are proud to have been part of that tradition, and we continue to be. We believe that when the state wrongfully convicts an individual, it has a moral and legal duty to provide full and proper compensation without unnecessary bureaucratic barriers, or barriers that undermine fundamental maxims of our legal system. That is why urgent reform is necessary. We must ensure that compensation is granted promptly without retraumatising legal battles, and must ensure that it reflects not just the financial cost, but the emotional and psychological toll of wrongful imprisonment. When the state gets it wrong in such a profound way, it must have the courage to put things right.

I conclude my remarks by touching on an insightful comment made by the hon. Member for Strangford (Jim Shannon) about victims and survivors. What we are talking about today, being passionate about correcting these injustices, is not incompatible with supporting those victims and survivors who are brave enough to come forward, who report what has happened to them to the police, who take what has happened to them to the court, but who ultimately do not get the conviction they hoped to secure. To have a criminal justice system that works for those victims and survivors, it is critical that everybody can have confidence in how it functions on both sides of the dock and both sides of the courtroom.

I look forward to hearing the Minister’s take. Again, I congratulate the hon. Member for Ceredigion Preseli for securing this debate.