Miscarriage of Justice Compensation

Warinder Juss Excerpts

Wednesday 19th March 2025 Westminster Hall

[Warinder Juss (Wolverhampton West) (Lab)]

It is a pleasure to serve under your chairship, Mr Turner. I thank the hon. Member for Ceredigion Preseli (Ben Lake) for securing this important debate. I also declare my interest as a member of the Justice Committee.

I read about Brian Buckle’s case this morning, and I want to express how sorry I am for what he went through and the injustice he and his family have suffered. Compensation payments awarded to victims of miscarriages of justice can be life-changing for the individuals involved. As a solicitor before becoming an MP, dealing with negligence cases where I pursued compensation claims for clients who had suffered injustice, I appreciate how important compensation can be for victims of miscarriages of justice. My hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter) mentioned that such cases are not just about compensation, and he mentioned the Law Commission’s consultation, which I will not repeat here.

Just as important as obtaining financial compensation is the need for access to justice, so that those victims of miscarriages of justice can have their names cleared, their experiences acknowledged, and the harm inflicted upon them and their families recognised, together with a commitment to prevent future injustices. Very often in my career as a solicitor, I came across clients who had been very badly injured, but what they ultimately wanted was a proper apology and an acknowledgment that they had been wronged, rather than seeking maximum levels of compensation.

Access to justice is something that we, as parliamentarians, should be advocating for. The Anti-social Behaviour, Crime and Policing Act means that those wrongfully convicted must not only overturn their conviction but prove they are innocent beyond all reasonable doubt to be eligible for financial compensation. That unfairly reverses the burden of proof, where a person is presumed innocent until their guilt is proven beyond all reasonable doubt. This reversal of the burden of proof makes no sense at all and is contrary to the basic principles and rules of criminal justice in this country.

Mr Buckle’s KC, Mr Stephen Vullo, said he believes that the law was changed in 2014 to ensure that money is not paid out to victims of miscarriages of justice, and that it was a policy decision deliberately made to avoid the payment of compensation. It is therefore no surprise that, following the 2014 Act, there has been a huge decrease in the number and value of compensation payments that have been awarded.

Between 2016 and 2024, of 591 applications, the Ministry of Justice compensated only 39 claimants, representing a rejection rate of more than 93%. The law needs to be changed because justice and the opportunity for redress must be available for all in our society. A former criminal defence solicitor and specialist in miscarriages of justice at the University of Manchester, Suzanne Gower, says the current system is “inhuman” and “cruel” and sends a message that the state does not accept responsibility when it causes harm—that is clearly wrong.

It is essential that proper compensation payments are made so that victims of miscarriages of justice can recover the costs they have incurred in proving their innocence and be compensated for all they have suffered. However, alongside the correction of historical injustices, more needs to be done to ensure that we prevent these incidents from occurring in the first place. We need to learn lessons about why things have gone wrong by investing in investigative processes, ensuring accountability within institutions and promoting a culture of transparency. Those measures would not only save the Government and the taxpayer from a financial burden in the long run but, crucially, they would prevent more people from being harmed and prevent further miscarriages of justice.