Andrew Malkinson, who was wrongly convicted of rape in 2004 and spent 17 years behind bars, is now facing the risk of losing access to social housing as he starts to receive compensation. After the Court of Appeal overturned his conviction for a rape in Salford, Malkinson has received an initial payment as a result of the miscarriage of justice he endured. However, his lawyer, Toby Wilton, expressed concerns that the money received could affect his client’s eligibility for state support and lead to the loss of social housing.
In an interview with BBC Radio Four’s Today programme, Wilton criticized the current compensation cap of £1 million for miscarriages of justice, arguing that it should be lifted. He highlighted the discrepancy in treatment between compensation payments for different types of victims, such as those affected by the Grenfell Tower fire, and those like Malkinson who have been wrongfully convicted. Wilton emphasized the need for a reassessment of the statutory scheme for miscarriages of justice to ensure that innocent individuals do not face additional hardships.
Emily Bolton, from legal charity Appeal, which represented Malkinson in his fight against the wrongful conviction, questioned the adequacy of the compensation amount, stating that no sum of money could truly compensate for the suffering he endured. She stressed the need for the government to revamp the entire compensation scheme to provide immediate support for innocent individuals released from prison to help them rebuild their shattered lives. Bolton also highlighted that any compensation awarded would need to cover treatment, care, housing, and living costs for the rest of Malkinson’s life.
After having his conviction overturned in 2023 following years of proclaiming his innocence, Malkinson has been awaiting compensation from the Ministry of Justice. Despite expressing relief that justice has finally been served, Malkinson described his situation as being in limbo. The specific amount of compensation he will receive has not been disclosed, but it has been reported that he will receive a substantial six-figure sum as an interim payment
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