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The government has recently decided to increase the cap on compensation payouts for victims of miscarriages of justice in England and Wales. This is the first time the maximum amount has been raised since 2008, moving from £1 million to £1.3 million. The decision comes after 17 years in prison for a crime he did not commit, Andrew Malkinson, who had his conviction overturned in 2023, criticized the previous cap as “ridiculous.” Legal charity Appeal, who represented Mr. Malkinson, believes that the increase still does not adequately keep up with inflation.
Following the announcement, it was revealed that the cap would be raised by 30%. This means that individuals who have been wrongfully imprisoned for over a decade can receive up to £1.3 million in compensation, while those serving a shorter sentence could receive up to £650,000. The Ministry of Justice stated that this adjustment aims to create a fairer and more just system. Justice Secretary Shabana Mahmood emphasized the importance of compensating victims for the years they have lost due to wrongful imprisonment.
Once deemed eligible, the level of compensation each individual receives will be determined by an independent assessor. While this increase is seen as a positive step forward, investigator James Burley from Appeal highlighted that it still falls short of addressing the inflation that has accumulated since the cap was initially introduced in 2008. Burley stressed the need for compensation to reflect the immense suffering experienced by individuals like Andrew Malkinson, who have endured significant trauma as a result of being wrongfully convicted
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