Draft Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025
(1 day, 14 hours ago)
General CommitteesRead Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I beg to move,
That the Committee has considered the draft Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025.
It is an honour to serve under your chairmanship, Mr Vickers. I think we can all agree that miscarriages of justice have a devastating impact on all those who suffer them. Such individuals are victims of the state, so it is right that the state should support them by helping to rebuild their lives. Although miscarriages of justice are thankfully rare, they do occur, and when they do, it is vital that the criminal justice system learns lessons to minimise the risk of their happening again and that we support those whose lives have, sadly, been affected.
Justice for the wrongly convicted is vital to the Government’s ambition to restore confidence in the criminal justice system as part of our plan for change. With the introduction of this draft statutory instrument, we are taking action to ensure that victims of miscarriages of justice will continue to be appropriately compensated to support them to rebuild their lives, while keeping in mind the wider financial context.
Of the two compensation schemes, one relates to convictions in the civilian justice system and the other to convictions by the court martial. Both have caps on the maximum amount that can be paid for a qualifying miscarriage of justice. The purpose of the draft order, therefore, is to increase the maximum amount that can be paid under the two schemes by 30%, so that where an individual has spent at least 10 years in prison, the maximum amount they can receive will increase from £1 million to £1.3 million; in all other cases, the maximum amount will increase from £500,000 to £650,000. We consider that to be a substantial and appropriate increase at this time.
When the Government came to power, we inherited a justice system at breaking point. As part of our plan for change, we are fixing the foundations across the entire system, including with the introduction of this draft instrument, which reflects the increase in compensation caps for those who have suffered miscarriages of justice since they were introduced in the Criminal Justice and Immigration Act 2008. We will continue to monitor the scheme and keep the caps under review.
It is, of course, important to keep in mind that the compensation schemes are only one route by which an individual can receive compensation following a wrongful conviction. Applicants may also be able to pursue civil claims against public bodies, if their fault has led to the miscarriage of justice.
I will now deal with the compensation schemes in a little more detail. For those who have suffered a qualifying miscarriage of justice in the civilian criminal justice system, the payment of compensation is governed by section 133 of the Criminal Justice Act 1988. Applications for compensation under that scheme are determined, and compensation is payable by, the responsible devolved Government. In practice, that means that the Secretary of State for Justice is responsible for cases in England and Wales; Scottish Ministers for cases in Scotland; and the Northern Ireland Department of Justice for cases in Northern Ireland. That reflects the position that miscarriages of justice compensation are a transferred matter. For a very small number of cases in Northern Ireland involving sensitive national security information, however, the Secretary of State for Northern Ireland has responsibility. The caps apply to all cases for compensation, except cases in Scotland, which are not subject to any caps.
For those who have suffered a qualifying miscarriage of justice following a conviction by the court martial, section 276 of the Armed Forces Act 2006 provides that applications are determined, and compensation is payable, by the Secretary of State for Defence. The draft instrument will increase the caps that apply to cases of compensation payable by the respective Secretary of State—those being cases in England and Wales, Northern Ireland national security cases, and cases under the Armed Forces Act. The instrument will have no effect on the caps that apply to compensation payable by the Northern Ireland Department of Justice, as it has a separate power to amend its caps.
Hon. Members may also wish to be aware that the Law Commission is consulting on a wide range of changes to the laws relating to criminal appeals, including reviewing compensation for miscarriages of justice. We look forward to its final report, due next year, and we remain committed to ensuring that any changes we make will promote fairness and justice for all involved in criminal justice proceedings.
To conclude, this draft instrument is part of our mission to improve the Government’s response to miscarriages of justice. We believe it is crucial to ensure that victims of miscarriages of justice continue to be appropriately compensated, while remaining mindful of the wider financial context.
Dr Kieran Mullan (Bexhill and Battle) (Con)
It is a pleasure to serve under your chairmanship, Mr Vickers. The draft order will increase the limits on the overall compensation that may be paid to individuals who have suffered a miscarriage of justice and are eligible for compensation under the Criminal Justice Act 1988 or the Armed Forces Act 2006.
As the Minister said, in simple terms, the measure will raise the maximum amount that can be awarded to someone whose conviction has been quashed after serving time in custody. The existing caps, which have been in place since 2008, are £1 million for those who have spent 10 years or more in qualifying detention, and £500,000 in other cases. The draft order increases those limits by 30% to £1.3 million and £650,000, respectively. It also makes corresponding changes to ensure that the civilian and armed forces compensation schemes remain aligned.
When the state deprives someone of their liberty and it later transpires that they were innocent, the damage done to their life is profound. No amount of money can make up for the lost years and lost relationships, but the law rightly recognises that society owes something to such individuals. Those who have suffered a miscarriage of justice deserve to be treated with dignity and fairness, which includes ensuring that compensation is not eroded by inflation or the passage of time. It has been 17 years since the caps were first introduced, and their real value has inevitably diminished. The draft order is the Government’s approach to addressing that, and the Opposition have nothing further to add to what the Minister said in that regard.
Alex Davies-Jones
I thank the shadow Minister for his comments. The draft order is an important part of the Government’s work to ensure that people are appropriately compensated. This is the first time that the caps have been increased since their introduction in 2008, and I am proud that it is a Labour Government who are doing so. Grave miscarriages of justice should be addressed by compensating those who have been wronged by the state. I hope that hon. Members will agree that this is a necessary instrument, and I commend it to the Committee.
Question put and agreed to.