Miscarriage of Justice Compensation

Karl Turner Excerpts

Wednesday 19th March 2025 Westminster Hall

[Ben Lake]

The hon. Gentleman has got to the nub of the matter. That is precisely the effect of the change implemented in 2014. It has devastated the number of successful applications for compensation, because if we consider the data for the period between 1999 and 2024, we can see that, prior to the introduction of the new section 133 test, 45.6% of applicants received compensation for their wrongful convictions, but, following its introduction, just 6.6% of cases were successful—a drop of 39 percentage points. This new test has virtually put a stop to compensation payouts for these kinds of miscarriages of justice—an insurmountable hurdle indeed.

Members may wonder about the purpose of restricting eligibility in this way, and I am sure we will hear arguments that it was done to prevent those exonerated on a technicality from receiving compensation, but the cynic in me fears that the restriction was introduced to cut costs. Prior to 2014, the Ministry of Justice made average annual payouts of £5.9 million. Following the change, we have seen the average annual payouts under the scheme drop by 95%, to an average of £297,000. Even successful applicants have seen their individual compensation payments fall, with the average pre-2014 payment totalling just over £267,000, falling to an average of £61,000 after the change.

I am reminded of Cicero’s teachings, over two millennia ago:

“Justice looks for no prize and no price; it is sought for itself”.

He also said, of course:

“The worst kind of injustice is to look for profit from injustice.”

It is for others to consider whether anyone profits from this injustice, but the savings that the 2014 test realises for the Ministry of Justice perhaps offer an answer to that age-old question of, “What price do we put on justice?” Well, I can tell you, Mr Turner: it is around £5.6 million a year on average, compared with the pre-2014 payments.

The current system therefore places an almost impossible burden on the applicant—one whereby they are required to find a new fact that shows beyond reasonable doubt that they did not commit the offence for which they have been acquitted. The perverse situation into

The perverse situation into which the 2014 change forces the wrongly convicted can be summarised as follows: they are required to prove that they are innocent of a crime for which they have already been exonerated. I appreciate that this is an academic point, but it is worth considering whether some high-profile exonerees—the Cardiff Three, the Guildford Four and the Birmingham Six—would receive compensation if they applied under the scheme today.

To the layman, it is difficult to understand how such a situation is compatible with the principles underpinning our justice system, because it undermines the well-understood principle that we are all innocent until proven guilty. I know there might be a challenge to that assertion, but the fact remains that the current rules place the obligation on the defendant to prove that they did not commit a crime to the criminal standard of proof, which is beyond reasonable doubt.

In Mr Buckle’s rejection letter, the Ministry of Justice, as well as reassuring him that his case had been carefully considered, asserted that, despite rejection of his claim for compensation, he is still presumed to be, and remains, innocent of the charges brought against him. If you were ever looking for a definition of Orwellian doublespeak, Mr Turner, that response is a perfect example. It illustrates how the 2014 change, by reversing the burden of proof, undermines the presumption of innocence and forces the Ministry to perform quite impressive but legally illogical linguistic gymnastics.

For if Mr Buckle is in law presumed to be innocent, surely he must be treated as such by the state. A man presumed to be innocent who has spent more than five years in jail should be compensated. If the state wants to treat him as though he were a guilty man and deny him compensation, why should the burden not fall on to the state to prove his guilt? Claims by the Ministry of Justice—

[Karl Turner (in the Chair)]

Order. The sitting is suspended for approximately 65 minutes for multiple Divisions in the House. If we get back earlier than that and all Members are in their place, I will recommence the debate.

--- Later in debate ---

On resuming—

[Karl Turner (in the Chair)]

We will start where we left off. Injury time will be added to the debate, so I expect it to finish at 5.13 pm. I call Mr Ben Lake.

[Ben Lake]

I am grateful for the additional time to conclude the debate.

Prior to the Divisions, I was reiterating the perversity of the situation that the 2014 change has forced the wrongly convicted into. It can be summarised as follows: they are required to prove that they are innocent of a crime of which they have already been exonerated. To the layman, it is difficult to understand how such a situation is compatible with the principles that underpin our criminal justice system, for it undermines the well-understood principle that we are all innocent until proven guilty. I know that this can be challenged in practice, but the fact remains that the current compensation rules place the obligation on the defendant to prove that they did not commit a crime—a crime, of course, of which they have already been acquitted to the criminal standard of proof, which is beyond all reasonable doubt.

Let me return to the case of my constituent Mr Buckle. In its rejection letter, the Ministry of Justice, as well as reassuring him that his case had been carefully considered, asserted that, despite rejecting his claim for compensation, he is still presumed to be and remains innocent of the charges brought against him. If we were ever looking for a definition of Orwellian doublespeak, this response is a perfect example. It illustrates the way in which, by reversing the burden of proof, the 2014 change undermines the presumption of innocence and forces the Ministry to perform quite impressive, but illogical, linguistic gymnastics. For if Mr Buckle is presumed to be innocent in law, he must be treated as such by the state. A man presumed to be innocent, who has spent more than five years in jail, should be compensated; if the state wants to treat him as though he were a guilty man, and deny him that compensation, why should the burden of proving his guilt not fall on the state?

The Ministry’s claims that Mr Buckle is still presumed to be, and remains, innocent of the charges brought against him ring rather hollow when he is also denied a single penny in redress. It is clearly an affront to justice that the eligibility test prevents those who have been wrongly convicted from enjoying the full and unconditional benefits of being presumed innocent.

There is a growing acceptance of the need for action on this matter. Sadly, the list of miscarriages of justice that have perhaps not received as much media attention, but which are just as deserving of compensation, grows ever longer. I could mention cases such as that of Sam Hallam, who was imprisoned for seven years; Victor Nealon, who was imprisoned for 17 years; or Oliver Campbell, who spent 11 years in prison and a total of 34 years fighting to clear his name.

All have suffered unimaginable harm as a consequence of their wrongful convictions and, just like my constituent Mr Buckle, deserve justice. The new UK Government have an opportunity to provide it, and I urge them to address this injustice without delay. I know that the Minister will agree with the principle that the state should compensate those who have wrongly been deprived of their liberty by the state, and I would welcome confirmation from her that this is the Government’s position.

The Law Commission is consulting on reform to the law governing criminal appeals, because it, too, acknowledges that the current state of affairs is completely unfair. The Law Commission’s intervention is to be welcomed, in so far as it acknowledges the unfairness of the current position of the wrongly convicted. In its consultation, the commission suggests that, if the burden is to fall on an accused to prove innocence to obtain compensation, it should be to the civil standard, rather than the criminal standard, as is the position in every other situation in a criminal case where the evidential burden shifts to the defence. That would bring things into line with the normal state of affairs. Will the Minister offer the Government’s position on the Law Commission’s proposal? Would the Government accept such a recommendation? If they are minded to accept, will they ensure that the recommendation is applied retrospectively to those wrongfully convicted since 13 March 2014?

Although I cautiously welcome to the intervention of the Law Commission, and agree that it would make the current situation fairer, it still does not explain why someone presumed innocent has a further obligation or burden to prove it, nor would it address the failings made by the scheme in determining Mr Buckle’s application for compensation, or prevent other claims from being rejected after similar careful consideration.

If the Government maintain that it is necessary for a person presumed innocent to prove it to receive compensation, I do not believe the appropriate authority to make that decision is an official at the Ministry of Justice, someone who, through no fault of their own, will be unfamiliar with the facts of the case and will not have witnessed the evidence given under oath, but who instead must work solely from the papers. Such an individual is not best placed to decide on such applications.

Surely it is the trial jury that is best placed to decide whether the evidence proved Mr Buckle—in this case—to be both not guilty and innocent. I request that the Minister meets us to discuss the handling of Mr Buckle’s specific application and also the merits of amending the law to allow a judge to ask the trial jury, in circumstances where they have acquitted the defendant on all charges, to consider also whether they are satisfied on the balance of probabilities that the defendant is innocent of those same charges.

If it is the Government’s intention to ensure that true victims of miscarriages of justice are fairly compensated, asking the trial jury to make the decision must be the fairest way. It is difficult to see any rational argument against it. I ask the Minister to be kind enough to agree to a meeting to discuss how we can ensure that Mr Buckle is granted that opportunity, so that this miscarriage of justice and the ordeal that he and his family have endured is finally brought to an end. Urgency is key, because justice delayed is justice denied.

[Several hon. Members rose—]

[Karl Turner (in the Chair)]

I remind Members to bob if they wish to catch my eye to be called. I call the Chair of the Justice Committee.

Prison Capacity

Karl Turner Excerpts

Monday 16th October 2023 Commons Chamber

[Alex Chalk]

On that last point, we have put a great deal of funding into the maintenance of Chelmsford prison, but also HMP Liverpool and Birmingham in particular. On the first point my right hon. Friend raises, about recidivist offenders, it is precisely because we are concerned about people committing so-called low-level offending that we want to ensure that magistrates retain the power to send people to prison. If people show defiance and that they are incapable or unwilling to abide by the terms of the order of the court, there is a simple answer: they will go to prison and they will learn to reflect on their actions in custody.

[Karl Turner (Kingston upon Hull East) (Lab)]

I welcome some of what the Justice Secretary said in his statement, especially on the implementation of the recommendations of the Justice Committee on IPP sentences. They were always a terrible idea, in my view, and they have been used badly. However, it should not be a surprise to anybody that, after 13 years of deliberate and savage underfunding, the criminal justice system is on its knees and our prisons are full to bursting. If it is right that the senior presiding judge, Lord Justice Edis, is saying to sentencing judges, “Adjourn sentence,” is that his fault, or is it the Justice Secretary’s fault?

Oral Answers to Questions

Karl Turner Excerpts

Tuesday 22nd November 2022 Commons Chamber

[Edward Argar]

I am grateful to the right hon. Lady, and she tempts me a little. I appreciate the point she makes but, as she will appreciate, the English and Welsh justice systems are one justice system, and it is not a simple task to disaggregate the data depending on whether someone is sentenced to imprisonment and serves in England or in Wales. I am happy to meet her to discuss the issue, but I would not underestimate the complexity of what she asks.

[Karl Turner (Kingston upon Hull East) (Lab)]

16. Whether he has made an assessment of the effectiveness of the steps taken by his Department to implement the recommendations of the independent review of criminal legal aid. [R]

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

In March we consulted on our approach to recommendations made by the independent review of criminal legal aid, and we published our interim response in July. We have introduced a 15% uplift across most free schemes, in line with the recommendations. That means an additional annual benefit of up to £63 million for solicitor firms, and up to £39 million for criminal barristers in a steady state situation. Uplifts for solicitors and barristers have already started being paid, and we have also applied fee uplifts to the vast majority of existing Crown court cases, to address concerns that the uplifted fees did not apply to ongoing work.

[Karl Turner]

Well before the Criminal Bar Association took action to strike, I warned the Lord Chancellor that that was inevitable unless he sat down with the association and worked constructively. He accused me of being its shop steward. Now, criminal defence solicitors’ firms are on their knees. The Justice Secretary is not known for working constructively, but will he sit down with the Law Society and representative groups of criminal solicitors to come to an agreement on parity of funding between the criminal Bar and criminal defence solicitors?

[Mike Freer]

My right hon. Friend the Lord Chancellor meets all stakeholders on a regular basis, and I think he has a meeting coming up to address those very concerns. I am sure that he will sit down and discuss those concerns in the next few weeks.

--- Later in debate ---

[Mike Freer]

First, I pay tribute to my hon. Friend’s work on pursuing this important issue. As she said, the law will come into effect in February 2023. I can confirm that cross-departmental work has been taking place to ensure that officials across Government, the College of Policing and the National Police Chiefs’ Council are as up to date as possible. The Home Office has been updating its forced marriage guidance, which provides detailed advice to groups such as Border Force officers, social workers, police and teachers on what to do when faced with a case of forced child marriage. I hope that in swift order the work she has been so passionate about is enforced.

[Karl Turner (Kingston upon Hull East) (Lab)]

T7. In 2010, there were 1,861 firms of criminal solicitors with duty contracts; there are now 964. The profession of criminal defence solicitor is broken and so is the justice system. Who does the Lord Chancellor think broke the system? [R]

[Mike Freer]

I do not accept the hon. Member’s characterisation. The Government have invested—

[Karl Turner]

Those are numbers and facts.

[Mike Freer]

The Government have invested significantly in the criminal justice system, not just through the recent settlement with the Criminal Bar Association, but in the run-up to the settlement. There is continued investment in the criminal justice system. He may disagree, but those are other facts.

Oral Answers to Questions

Karl Turner Excerpts

Tuesday 5th July 2022 Commons Chamber

[Tom Pursglove]

I am very sorry to hear about this particular incident, and I commend, as my hon. Friend did so brilliantly, Sheila’s bravery in stepping in to help the individual affected. The criminal injuries compensation scheme exists to compensate for serious physical or mental injury attributable to being a direct victim of a crime of violence. The scheme is publicly funded, which means that there are strict eligibility criteria. An animal attack will amount to a crime of violence only where the animal was used deliberately to inflict injury. In 2020, we had a consultation on proposals to make claiming compensation simpler for victims of violent crime. We set out that expanding the definition of a crime of violence would go far beyond the original intention of the scheme, but we will be publishing a response in due course.

[Karl Turner (Kingston upon Hull East) (Lab)]

I am afraid to tell the Minister that victims of crime are being further let down by the Government’s terrible handling of the Criminal Bar Association dispute. I know that a Minister has now finally agreed to meet the Bar Council and the Criminal Bar Association, and I think that meeting is tabled for next week, but what they need to know at that meeting is when the Department will set a timetable for implementing the money that Sir Christopher Bellamy said was needed urgently. Incidentally, Sir Christopher Bellamy, who I have a great deal of respect for, is now a member of the House of Lords. When is that money coming?

Metropolitan Police: Stephen Port Murders Inquest

Karl Turner Excerpts

Monday 13th December 2021 Commons Chamber

[Kit Malthouse]

I certainly can give that reassurance, and we will stand four-square with the commissioner herself as she seeks to do exactly that. The Met have not stood still in seeking to address this issue. I understand that they have a new LGBTQ organisational improvement group, and that there is a network of 125 volunteer advisers across the whole of the Met. Officers who are posted to particular boroughs or areas are now being trained and briefed much more coherently about the nature of the community with whom they are dealing, including LGBTQ members of that community. They are making big strides. Nevertheless, there will be lessons to be learned, particularly from Louise Casey’s review, and we look forward to seeing its conclusions.

[Karl Turner (Kingston upon Hull East) (Lab)]

My constituent Sarah Sak, Anthony’s mother, was on holiday in Turkey when the Metropolitan police contacted her to say that her son had been found dead. From that very second, when speaking to me, Sarah has accused the Met of prejudice and throughout all these proceedings she has constantly made the point that there was discrimination. Sadly, the coroner chose not to look at that. I make no criticism of the coroner, but when I spoke to Sarah last night, she asked me, “What can the Home Secretary do to persuade me that this can never, ever happen again?”

[Kit Malthouse]

Of course I offer my profound condolences to Sarah. As a father myself, I cannot imagine ever having to go through that kind of experience: it must have been terrible. I am aware, in particular, that there were failings in the posture of the family liaison officers who dealt with some of the bereaved, and that is also being addressed by the Metropolitan police.

Those who know Baroness Casey will know that she will be unrelenting and forensic in her examination of the culture of the Metropolitan police. I have confidence in her to do a good job in examining the overall culture in the Met, and an examination of this issue will be part of that. Once she has concluded her examination, we shall be able to draw some lessons about the future.

Prison Officers: Pension Age

Karl Turner Excerpts

Tuesday 16th November 2021 Westminster Hall

[Karl Turner (Kingston upon Hull East) (Lab)]

It is always a pleasure to serve under your chairship, Sir Charles. I congratulate the hon. Member for Sittingbourne and Sheppey (Gordon Henderson) on securing this incredibly important debate. Hull Prison is in my constituency, and I want to thank the prison officers and other staff who serve our community there, as well as the prison governor, Shaun Mycroft.

This issue is a major concern. In my previous job as a criminal lawyer, I was instructed on numerous occasions to represent prisoners for adjudications, and I was always struck by the serious nature of the allegations against prisoners and the degree of serious harm caused to prison officers. To me, the idea of a 68-year-old man or woman wrestling with a prisoner in order to contain a situation is utterly ridiculous.

I will not speak for much longer, but I want to say two things. The Government need to get back to the table and negotiate constructively, with a view to dealing with this incredibly dangerous issue. Having served in the shadow Justice team with the shadow Minister, my hon. Friend the Member for West Ham (Ms Brown), I know how seriously she takes the issue. We regularly discussed the matter in shadow meetings while I was on the team, and I know full well that this party—the Opposition—will deal with it as soon as we get the opportunity, if the Government fail to do so.

Oral Answers to Questions

Karl Turner Excerpts

Tuesday 14th September 2021 Commons Chamber

[Robert Buckland]

My hon. Friend hits the nail on the head. The idea that buying an animal by the side of the road or in a garage forecourt for cash is somehow legitimate trade is clearly wrong. I am grateful to colleagues at the Department for Environment, Food and Rural Affairs for doing important work on promoting safer purchasing through the “Petfished” campaign. We will build on that in the way in which we identify and track cases better, improve the recording of keepership data and deal with through-the-loophole breeders, who are frankly responsible for a lot of cruelty and suffering.

[Karl Turner (Kingston upon Hull East) (Lab)]

I rarely congratulate the Justice Secretary, but I do on this issue because he has eventually agreed with Her Majesty’s loyal Opposition about making pet theft a specific offence. On a serious note, I congratulate all the campaigners on the issue, particularly John Cooper, QC, who has done an awful lot of work on it.

The Justice Secretary knows that when the shadow Justice Secretary, my right hon. Friend the Member for Tottenham (Mr Lammy), tabled his amendment to the Police, Crime, Sentencing and Courts Bill, the Tories rejected the idea of a specific offence time and again; I think I am right in saying that the Justice Secretary’s argument was that the Theft Act 1968 was sufficient. The taskforce has now reported, but I am not clear on when we expect the legislation to take effect. When can we expect those who are alleged to have stolen pets to face the criminal courts?

[Robert Buckland]

I am always grateful for the hon. Gentleman’s words of wisdom, but I will just correct him in this respect: there was a general agreement that the use of theft legislation to deal with what were more than goods and chattels just was not an adequate way to reflect not just the taking of a pet, but the suffering of the pet and of the owner. That is why abduction is a much better read-across, as he knows from the matter of child abduction, for example.

I take issue with the hon. Gentleman on the point and I challenge him and the Opposition: if the matter is brought forward in the Police, Crime, Sentencing and Courts Bill, which they voted against again and again, will they now support it?

Oral Answers to Questions

Karl Turner Excerpts

Tuesday 18th May 2021 Commons Chamber

[Alex Chalk]

I am grateful to the hon. Gentleman for his question. Legal aid is essential, which is why I am delighted that when the law centres sought support from the Government, every penny piece requested was provided—including, by the way, to Greater Manchester Law Centre, which received £140,000. We are standing behind excellent legal aid providers, including those who provide it digitally and remotely, because when it comes to legal advice, what matters most is quality, not necessarily geography.

[Karl Turner (Kingston upon Hull East) (Lab) [V]]

My hon. Friend the Member for Stockport (Navendu Mishra) is spot on, is he not? The Government must address the vast deserts where no legal aid providers exist. The disabled and vulnerable in most of England and Wales have been denied access to justice due to the Government’s inaction. How can the Minister possibly justify a situation where 37 million people in Stockport, Hull and across the rest of England and Wales do not have access to a community care legal aid provider? He talks tough, he promises all sorts; he does nothing. Get on with it!

[Alex Chalk]

It is always a pleasure to hear from the hon. Gentleman. What a shame that when there was a Labour Government, he did nothing to stand up to the Labour Prime Minister who decried “fat cat” legal aid lawyers and said that he was going to

“derail the gravy train of legal aid”.

Where was the hon. Gentleman then? Nowhere. This is the Government who are getting behind legal aid and getting behind the civil legal aid service, and who, by the way, funded the community justice fund, which provided support for the Disability Law Service that he wants to see, and so do I.

Oral Answers to Questions

Karl Turner Excerpts

Tuesday 16th March 2021 Commons Chamber

[Robert Buckland]

The hon. Lady will be glad to know that, as I referred to in my initial reply, we have already relaxed the evidence requirements for hardship payments and, importantly, reduced the threshold for work done by criminal lawyers to £450 from the current £5,000. It is absolutely essential that we maintain throughput, and as we move on through this year with the road map out of lockdown, I am confident that the court system will be able to list even more proactively, making sure that there is plenty of work for dedicated criminal legal aid lawyers.

[Karl Turner (Kingston upon Hull East) (Lab) [V]]

The independent criminal legal aid review is a once-in-a-decade opportunity to fix a vital element of our criminal justice system. There are more than 400 fewer criminal legal aid firms today than in 2015. That means that more than one in four has left the system. When these firms fold, legal aid family law departments often go with them, leaving domestic abuse victims without representation. Does the Secretary of State agree that the Government cannot simply wait for the recommendations of CLAR before taking action and that we must make sure that the number of unrepresented domestic abuse victims does not increase yet further.

[Robert Buckland]

The hon. Gentleman is right to talk about the need for representation for domestic abuse victims. He knows, of course, that in criminal scenarios the Crown Prosecution Service will act with regard to the prosecution of offences. He will also note that, in phase 1 of the CLAR process, up to £51 million a year has already been injected into criminal legal aid fees. That is the most significant increase in investment in legal aid for a quarter of a century. We are working on the existing body of evidence with the new chair of the criminal legal aid review, Sir Christopher Bellamy QC, who is already engaging with the professions. I am confident that his work will deal not only with the situation with regard to fees in court, but, as he says, the “sustainability” of those criminal legal aid firms that are the lifeblood of representation in that sector.

Oral Answers to Questions

Karl Turner Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Alex Chalk]

I thank the hon. Gentleman for his question. It is very important to distinguish between evictions and enforcement. In respect of evictions, the Government have been very clear: people cannot be evicted before 21 February unless arrears are of over six months. In normal circumstances, if someone simply had two months of arrears, they could then be subject to enforcement action. Now there needs to be six months’ notice before possession proceedings even start. This Government are clear that we want to ensure that enforcement agents do not contribute to the spread of this virus, and that is why we have strict regulations in place.

[Karl Turner (Kingston upon Hull East) (Lab) [V]]

We have, on average, over 20,000 new covid infections each day and, tragically, more than 1,000 deaths, so how can the Minister possibly justify allowing bailiffs to crack on with business as usual in the midst of this deadly pandemic?

[Alex Chalk]

I thank the hon. Gentleman for his question, but he knows and I know that it is not business as usual. In making that remark, he has completely disregarded the guidance that is in place. Of course we want to make sure that these proceedings happen safely. That is why Public Health England has considered these matters, and it is satisfied with the situation as it exists. We have to make sure in this Government that we respect all rights, including convention rights—article 1 of protocol 1—and he should be in favour of that too.