In a shocking turn of events, Andrew Malkinson, a Briton who endured 17 years of wrongful imprisonment, now faces the possibility of paying for his time in jail. Sentenced in 2003 for a crime he didn’t commit, Malkinson’s conviction was only recently overturned by the Court of Appeal. Despite this, the road to compensation is fraught with challenges.
The Ministry of Justice (MoJ) has stated that compensation for miscarriages of justice is assessed on an individual basis. However, deductions might be made, reflecting the circumstances of each case. For instance, a prisoner might not have to pay rent for outside accommodation during their time in jail. This policy has sparked outrage, with many viewing it as a double punishment for the innocent.
Malkinson’s ordeal highlights the systemic issues within the justice system. Changes to the law in 2014 now require those wrongfully imprisoned to present new evidence to qualify for compensation. This has led to a significant reduction in state pay-outs.
Victor Nealon, another victim of a miscarriage of justice, is challenging this law at the European Court of Human Rights. Both cases underscore the urgent need for reform. As Malkinson’s story unfolds, it serves as a stark reminder of the profound personal and financial costs of wrongful imprisonment.
Quote from Andrew Malkinson:
“I’m devastated to learn that I might have to pay for my time in prison. I’ve already lost so much, and now this. It’s just not fair.”
Quote from legal expert:
“The current compensation system is deeply flawed. It’s simply not right that those who have been wrongfully imprisoned should have to pay for their time behind bars. The government needs to do more to support these victims.”
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