Calls to alter compensation regulations for wrongly convicted
Brian Buckle, found innocent of crimes he did not commit after spending five years in prison, faced disappointment when the Ministry of Justice denied his compensation claim. Despite the acknowledgment of his innocence, the Ministry required proof “beyond a reasonable doubt” that he had not committed the offenses. Brian’s legal battle ended in his acquittal in 2022, presenting new evidence and witnesses that led to a unanimous “not guilty” verdict from the jury.
Struggling to clear his name, Brian had to rely on personal savings and family loans to cover legal fees amounting to £500,000. However, the Ministry’s rejection letter arrived almost a year after his application, with an assessor claiming insufficient evidence of innocence. Expressing frustration, Brian questioned what further proof he needed to demonstrate his innocence after losing five years of his life, job, and pension due to the wrongful conviction.
Critics argue that the current compensation system for victims of miscarriages of justice in England and Wales is flawed, with only 7% of applications being approved since 2016. Legal experts believe that compensation denial is intentional rather than accidental, reflecting an unjust and inhumane approach that fails to acknowledge state responsibility for the harm caused. The experts point to the special compensation schemes for Post Office scandal victims as evidence that the existing system is inadequate and unjust.
The 2014 law change requiring victims to prove innocence to receive compensation has faced increasing scrutiny. Calls are mounting for a reversal of this law to align with systems in Scotland, Northern Ireland, and much of Europe, where victims need only show they were subjected to a miscarriage of justice to be compensated. As the Law Commission reviews the criminal appeals process in England and Wales, proposals for a lower evidential threshold for proving innocence are being considered to address the severe nature of the current legislation. Brian’s local MP, Ben Lake, is supporting him in seeking changes to ensure fair compensation for victims of miscarriages of justice
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