More wrongly convicted prisoners could be exempt from paying bed and board
Justice Secretary Alex Chalk said a miscarriage of justice makes 'your blood run cold' - Paul GroverMinisters may backdate rule changes that would make wrongly-convicted prisoners exempt from paying for their bed and board.Justice Secretary Alex Chalk announced at the weekend that with immediate effect victims of miscarriages of justice would no longer have “living costs” deducted from any compensation payments they receive from the Government.It follows the release of Andrew Malkinson who spent 17 years in prison for a rape he did not commit. His conviction was overturned last month after DNA linking another man to the crime was produced.The latest reform has prompted calls for those already forced to pay out for their bed and board to be exempt, including Michael O’Brien, who spent 11 years in prison before his conviction was overturned for the murder of a Cardiff newsagent. He had £37,500 deducted for “food and water” while in jail.Mr Chalk told broadcasters on Tuesday that he may g
Ministers may backdate rule changes that would make wrongly-convicted prisoners exempt from paying for their bed and board.
Justice Secretary Alex Chalk announced at the weekend that with immediate effect victims of miscarriages of justice would no longer have “living costs” deducted from any compensation payments they receive from the Government.
It follows the release of Andrew Malkinson who spent 17 years in prison for a rape he did not commit. His conviction was overturned last month after DNA linking another man to the crime was produced.
The latest reform has prompted calls for those already forced to pay out for their bed and board to be exempt, including Michael O’Brien, who spent 11 years in prison before his conviction was overturned for the murder of a Cardiff newsagent. He had £37,500 deducted for “food and water” while in jail.
Mr Chalk told broadcasters on Tuesday that he may go further by backdating the change after Mr Malkinson and Sir Bob Neill, the Tory MP who chairs the Commons Justice Committee, called for wider reform.
He told BBC One’s Breakfast programme: “Certainly since 2006 there have been three cases where deductions have been made, and none in the last 10 years.
“Of those three cases, the reductions from their compensation award have been three per cent and six per cent so it’s important to get some perspective.
“There’s also issues around the public interest, about retrospectivity - normally there’s a rule that says you shouldn’t make rules retrospective but I’m considering this all in the round.”
In order to be eligible for a payment under the newly revised rules, people must apply for compensation within two years of being pardoned or having a conviction reversed.
The reversal must be on the basis of a new fact that demonstrates “beyond reasonable doubt” they did not commit the offence and they must not be responsible for the non-disclosure of the evidence.
Speaking publicly for the first time about Mr Malkinson’s case, Mr Chalk said: “To hear of a miscarriage of justice, it makes your blood run cold. It’s an appalling thing to happen.
“I said, when I took on this role, my priorities were to convict the guilty but acquit the innocent and keep the public protected. I wanted to move quickly with the blessing of the Prime Minister to get rid of it - that’s what we did.”
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