Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025

Lord Sandhurst Excerpts

Wednesday 17th September 2025 Grand Committee

[Lord Thomas of Cwmgiedd (CB)]

My Lords, it is an enormous privilege to welcome the Minister to the Dispatch Box on her first appearance. I welcome the fact that such an experienced lawyer now holds this position.

I turn now to the substance of the debate; the Minister has explained everything in such lucid detail that I can go straight to the two points that I want to raise, without going into the background. The limit was fixed in 2008 and, as the Secondary Legislation Scrutiny Committee, on which I sit, observed, the limit is being raised by only 30% whereas, unfortunately, inflation has been very much higher. We have the privilege of having the Financial Secretary to the Treasury here in the Room, and he will no doubt be very pleased to see that the Ministry of Justice is taking such good care of the scarce resources of the country.

When the previous Labour Administration were in power in 2008, they thought that the limits set out then were fair and reasonable and reflected the public position at the time. Is there a reason why we cannot have the same position today and therefore raise the amounts? As the Secondary Legislation Scrutiny Committee was told, there has never been a payment of the maximum amount, and only very few payments of the lesser amount. Is there therefore a real difficulty in being parsimonious—which is no doubt appreciated by His Majesty’s Treasury—in relation to these amounts? Could this be looked at again?

That takes me to my second question. The Ministry of Justice is in the unfortunate position of having a number of instruments and other pieces of legislation where limits are set, and it is very important that these are kept under regular review. There have been occasions when the ministry has failed to do so. Does the ministry now have a proper schedule for reviewing this and making certain that we do not have a very long period of time, such as that which has elapsed since 2008, before this kind of limit is reviewed? It may be that the Minister will want to take some time to investigate this, but I hope that there is a system in place for such limits to be looked at.

Those are my two observations. I again express what a great pleasure it is to see the Minister in her place and dealing with such an important subject.

[Lord Sandhurst (Con)]

I join with the noble and learned Lord, Lord Thomas of Cwmgiedd, in welcoming the Minister to the Dispatch Box.

Our legal system is based on the principle of fairness. This country prides itself on its judiciary. Trial for serious offences by judge and jury is a cornerstone of our criminal justice system. The law exists to right wrongs and to create and maintain a system in which honest subjects can live their lives under the even-handed protection of the law. However, those who suffer miscarriages of justice under the same system must be compensated fairly. A legal system without the means of self-correction is devoid of trust and justice.

We on this side of the Committee support the measures brought forward today. Compensation for those wronged by the system must be fair and proportionate. It is not just that those wrongly convicted and imprisoned have not had the maximum compensation increased for nearly 17 years; the onus is on the justice system to correct its mistakes and increase compensation payments as time passes. It was in the same spirit that, as my honourable friend in the other place the Shadow Minister for Justice noted, the former Lord Chancellor removed the compensation guidance that allowed deductions for living expenses saved while in prison. The justice system must be seen to correct its own mistakes, which is what this instrument aims to do. This is why we support it.