The British government has recently made a surprising and troubling decision for victims of historic miscarriages of justice. Under this new policy, people like Andrew Malkinson, who were wrongfully imprisoned, will now have to pay for their "bed and board" costs incurred while behind bars. This move has sparked widespread concern and frustration among those already grappling with the fallout from wrongful convictions.
Andrew Malkinson’s story is particularly poignant. He spent 17 years in prison after being falsely convicted of a rape he didn’t commit in Salford, Greater Manchester, in 2003. Despite being fully cleared by the Court of Appeal last July, Malkinson faces a £100,000 deduction from his compensation to cover these bed and board expenses. This new rule seems to add insult to injury for someone who has already endured so much.
The recent decision reverses a policy change from last year when former Justice Secretary Alex Chalk had removed such deductions. Bringing them back now is raising serious concerns about the fairness of the compensation process for those wrongfully convicted. Instead of providing justice, this policy appears to further penalize victims who have already suffered immensely.
Malkinson has been vocal about his discontent with the current system. He’s calling for significant reforms to the jury and appeals processes to better protect those wrongfully convicted. Even with the bed and board costs rule removed, Malkinson expects a lengthy wait—up to two years—for the independent board to determine his compensation. He describes the delays and barriers as “silly” and “inexcusable,” highlighting the need for a more efficient and just system.
A 2015 House of Commons document noted that compensation for miscarriage of justice cases is often regarded as “the exception rather than the rule.” This ongoing debate underscores the difficulties faced by those seeking justice and fair compensation after wrongful imprisonment.
As the UK government implements these new measures, the conversation about miscarriages of justice and the compensation process is bound to continue. The reintroduction of bed and board costs raises crucial questions about balancing accountability with justice for those who have been wronged by the legal system.
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