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Brian Buckle, a man from Pembrokeshire who was wrongfully convicted and imprisoned for over five years on historical child sex abuse charges, has expressed deep distress after learning that his claim for compensation was rejected for a second time. Although his conviction was ultimately overturned, and he was cleared of all charges, the legal battle to prove his innocence cost him and his family £500,000.
Buckle’s ordeal began in 2017 when he was convicted and sentenced to 15 years in prison. His family, unwavering in their belief in his innocence, supported him through a lengthy legal fight. After five years, the Court of Appeal ruled his conviction unsafe, leading to his release. In 2023, a retrial at Swansea Crown Court saw new forensic evidence and witness testimonies presented by Buckle’s barrister, Stephen Vullo KC, resulting in a unanimous verdict of “not guilty.” Despite this, Buckle’s mental health has suffered severely; he suffers from PTSD and remains on medication, describing the experience as “the most horrendous thing I’ve ever had to go through.”
Following the rejection of his initial compensation appeal by the Ministry of Justice (MoJ) in 2023, government officials, including former Justice Minister Alex Davies-Jones, intervened on Buckle’s behalf. His local MP, Ben Lake, also raised the issue in Parliament, hosting debates and calling for justice. Hopes were raised when the MoJ agreed to review the compensation claim again. However, in April 2024, Buckle was informed that his claim failed to meet the statutory criteria required for compensation, despite explicit acknowledgment that his conviction had been quashed and the outcome of the appeal was not in doubt.
The ruling hinged on a significant change in the law implemented in 2014. Before this change, compensation was awarded if it was proven beyond reasonable doubt that any reasonable jury could not have convicted the claimant based on the evidence. Buckle’s acquittal met this standard since the jury found him “not guilty” after hearing new evidence. However, the amended law mandates that claimants must prove their innocence outright—a proof that remains elusive in Buckle’s case due to the lack of definitive evidence like DNA or CCTV. His barrister, Vullo, criticized the legislation as deliberately designed to deny compensation to most applicants, calling it “not by mistake, it’s intentional.” The government’s own assessment of the 2014 changes acknowledged that they aimed to reduce the financial burden on taxpayers.
Miscarriages of justice and their associated compensation claims have become increasingly controversial, prompting the Law Commission to include compensation reform in its review of criminal appeals in England and Wales, with proposals expected by the end of 2026. Meanwhile, Scotland and Northern Ireland operate separate schemes. High-profile cases like the Post Office Horizon scandal and Andrew Malkinson’s wrongful conviction have highlighted the shortcomings of the current system. Malkinson, who spent over 17 years in prison before DNA evidence led to his exoneration, was left destitute while awaiting compensation but eventually received an interim payment after public outcry. The Law Commission has suggested reversing the 2014 law, recommending that claimants only need to prove their innocence on the balance of probabilities. Buckle hopes these changes will be applied retrospectively, allowing him and others in similar situations to receive fair compensation and restore trust in the justice system.
Davies-Jones expressed regret over Buckle’s failed compensation application and acknowledged the broader issues within the scheme. The MoJ has stated it will carefully consider the Law Commission’s forthcoming recommendations before making decisions on the future of miscarriage of justice compensation
Read the full article from The BBC here: Read More
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