Prison living cost deductions from wrongful conviction payments scrapped

Wrongly convicted people will no longer face having living costs covering their time in prison docked from compensation payments after ministers issued fresh guidance, it was confirmed today. It follows an outcry after the case of Andrew Malkinson - jailed for a crime he did not commit.

But in its ruling the Court of Appeal said it had 'no doubt' that new DNA evidence implicating another suspect rendered Mr Malkinson's conviction unsafe. Mr Malkinson, now 57, expressed concern that the rules meant expenses could be deducted from any compensation payment he may be awarded to cover the costs of his jail term.

The Justice Secretary said: "Fairness is a core pillar of our justice system and it is not right that victims of devastating miscarriages of justice can have deductions made for saved living expenses. This common sense change will ensure victims do not face paying twice for crimes they did not commit."

“I wonder if the Government could consider ex-gratia payments on a case-by-case basis to make up for that if people can demonstrate they fulfil all the criteria,” the MP said. In order to be eligible for a payment, people must apply for compensation within two years of being pardoned or having their convictions reversed.

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