I beg to move,
That this House has considered miscarriage of justice compensation.
It is a pleasure to serve under your chairmanship, Mr Turner. I wager that the majority of citizens are unfamiliar with the workings of the criminal justice system, and still less familiar with miscarriages of justice. Perhaps, if they are aware of miscarriages of justice, they are aware of certain high-profile exonerees or miscarriages of justice, such as the Cardiff Three, the Guildford Four or the Birmingham Six. Most people will understandably and reasonably assume that victims of miscarriages of justice are compensated, particularly if they spent time in custody before being pardoned or having their convictions quashed. However, this is not the case. In England and Wales, compensation for the wrongly convicted is the exception rather than the rule. The current compensation scheme enables only some people in England and Wales who have had their convictions overturned, or been found not guilty at retrial, to receive compensation.
I make it very clear that my concern is not that miscarriages of justice happen. Sadly, no system in the world is perfect. Miscarriages of justice happen—we cannot get it correct 100% of the time—but when they occur, citizens expect the state to right that wrong. In a survey by Opinium in December 2024, 71% of those asked believed the Government should ensure fair and swift compensation for those who are wrongly convicted. Many will therefore be appalled to learn that this is not the case, that victims of miscarriages of justice seldom receive compensation for the wrong that has befallen them, that the wrongly convicted often have to fight for years, at great cost, to clear their name, and that the justice system unnecessarily forces the innocent to suffer continued injustice.
The issue in this debate is the failure of the state to right these wrongs. We should be clear that a miscarriage of justice inflicts considerable harm on the wrongly convicted. A 2018 report by the campaign group Justice, “Supporting Exonerees: Ensuring Accessible, Consistent and Continuing Support,” underscores the grave hardship and difficulty that the wrongly convicted have in adjusting to life after conviction, and the trauma that they have gone through, which they must deal with for years after the event. The report highlights how victims of miscarriages of justice struggle to adjust. Having spent time in prison, becoming institutionalised and grappling with the fact that they should not be there, they struggle to trust authorities.
The unfairness of the current system was brought into sharp relief for me when I met my constituent Mr Brian Buckle and his family and learned of their experiences. I am pleased that they have made the journey from Fishguard to join us in the Public Gallery.
In May 2017, Mr Buckle was convicted on 16 counts of historical sexual offences and sentenced to a total of 15 years’ imprisonment. He had always maintained his innocence, and in September 2022 the Court of Appeal overturned his conviction and ordered a retrial. He was immediately released on bail, having served five years and four months of his sentence. The retrial took place in May 2023. Mr Buckle and his defence team, led by Mr Stephen Vullo KC, who is also in the Public Gallery, prepared a detailed defence and presented new witnesses and forensic evidence. After three long weeks in court, the jury returned unanimous not guilty verdicts in just over an hour.
I cannot fathom the strain that Mr Buckle has endured as a result of years of legal proceedings and the travesty of being imprisoned for a crime that he did not commit. Let us remember what the wrongly convicted must go through and its impact. He missed important family milestones, such as his daughter’s 18th and 21st birthdays. His imprisonment cost him over £500,000 in lost income and devastated his plan to retire at 55 with a private pension, because he had been unable to make any contributions following his imprisonment. Furthermore, his state pension is now in jeopardy, given that he was unable to make any national insurance contributions for more than five years.
The impact on Mr Buckle is not limited to the period in which he was deprived of his liberty. Indeed, I am afraid to say that he has been diagnosed with post-traumatic stress disorder because of the impact of his wrongful conviction and imprisonment. His mental health is such that he has been unable to work since his release.
Prior to this awful state of affairs, Mr Buckle travelled every week from west Wales to London because he was in charge of an engineering firm. He performed this very important role, which had a lot of responsibility, for more than 15 years. He made the weekly journey on the great western main line or the M4 that the Minister and I also make.
This travesty of justice could befall any of us, through no fault of our own. Although it is difficult to comprehend the nightmare that has befallen Mr Buckle and his family, one can estimate the financial impact of his ordeal in terms of the income and pension that have been lost. Perhaps we can also put a figure on the costs incurred for appeals and legal defences, but how can we begin to calculate the impact on his health or the loss of precious time with his family?
I am sure we would all agree that that is a difficult dilemma, but it was not difficult, it would seem, for the Ministry of Justice, which issued a cruelly simple response to Mr Buckle after he applied for compensation under the statutory scheme. In the decision letter, which was issued almost a year after the application was submitted, the MOJ rejected his claim out of hand:
“Having carefully considered the particular circumstances of the reversing of your conviction, I do not consider your case demonstrates beyond a reasonable doubt that you did not commit the offences for which you were convicted.”
Mr Buckle spent five years and four months in prison, and he had his conviction overturned by the Court of Appeal. He produced a detailed defence, including new witnesses and fresh forensic evidence, at retrial, at which the jury unanimously returned not guilty verdicts to all 16 counts in just over an hour. Having been subjected to that ordeal and having jumped through all the hoops that one could expect him to jump through, the Ministry of Justice’s response was not only to deny him compensation but, worse, to state that it does not consider that his case
“demonstrates beyond a reasonable doubt that you did not commit the offences for which you were convicted”—
the same offences of which he was acquitted.
There was no reference to the harm he has suffered, to the impact on his family or to the Court of Appeal being concerned that the original trial was so flawed that the jury had failed to approach their task correctly that it ruled the conviction unsafe, such that the new witnesses and fresh forensic evidence were ultimately unnecessary. All that Mr Buckle received was a pretty meaningless reassurance that the matter had been “carefully considered.” If this is what comes from careful consideration, I dread to think what would result from reckless handling, but it surely could not be much worse for Mr Buckle. After years of legal battles following his wrongful conviction, he has been told that, although he is not guilty, the state will not compensate him for the years spent in prison because it does not believe that he has proven his innocence.
One does not need to be a King’s Counsel to see the unfairness of this situation. There can be no doubt that such a decision prolongs the miscarriage of justice in Mr Buckle’s case. That is a wrong that this new UK Government can and, indeed, must put right.
Before I discuss how the Government can do that, it is worth our reflecting briefly on how we have arrived at the current situation. Before 2006, the Government operated two compensation schemes for victims of miscarriages of justice in England and Wales: a discretionary scheme and a statutory scheme. The discretionary scheme was abolished in 2006, but the statutory scheme afforded the Justice Secretary the discretion to pay compensation to a wrongly convicted person when:
“his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice”.
In 2011, the Supreme Court ruled that the meaning of “miscarriage of justice” for the purposes of the statutory scheme should not be restricted to applicants who are able to conclusively demonstrate their innocence, and should be extended to cases where a new or newly discovered fact
“so undermines the evidence against the defendant that no conviction could possibly be based upon it”.
However, in 2014, the then UK Government legislated to reverse the effect of this decision. The test for eligibility for compensation under the statutory scheme, as set out in section 133 of the Criminal Justice Act 1988, was amended by section 175 of the Anti-social Behaviour, Crime and Policing Act 2014 in such a way as to restrict compensation to those who can prove innocence “beyond reasonable doubt”. Therefore, for applications made to the statutory scheme on or after 13 March 2014, there will have been a miscarriage of justice
“if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence”.
That modest rewording of a single section of an Act of Parliament has proved devastating. Indeed, it is legally illiterate to effectively reverse the burden of proof in this way, for it places a burden on the victim of a miscarriage of justice to prove their innocence. This is such a high bar that, in the words of the joint dissenting opinion of judges in the European Court of Human Rights case of Nealon and Hallam v. the United Kingdom, it:
“represents a hurdle which is virtually insurmountable”.
Such a claim is not solely a matter of opinion, but an observable fact. The data on applications to the miscarriage of justice application service shows that less than 7% of applications submitted between April 2016 and March 2024 were successful.