Wrongly Imprisoned Man Cleared of Repaying Jail Costs After 17 Years
Andrew Malkinson, who spent 17 years behind bars for a crime he didn’t commit, has won a major victory. Justice Secretary Alex Chalk KC has scrapped the rule forcing him to pay back prison living costs from his compensation. The controversial rule, long criticised as “abhorrent,” will no longer apply to future payouts under the miscarriage of justice scheme.
Conviction Quashed After New DNA Evidence
Last month, Malkinson’s conviction was overturned thanks to fresh DNA evidence pointing to another suspect. Until now, anyone wrongly imprisoned had to cover “board and lodging” costs from any compensation. Malkinson called the practice “abhorrent” – a view now backed by the Justice Secretary, who ruled it was unfair to deduct living expenses from those who paid the price for someone else’s crime.
Call for Justice System Overhaul
Malkinson said this is just the first step towards real justice reform. His lawyer, Emily Bolton of charity law firm Appeal, slammed the current appeals process for taking nearly 20 years to uncover the miscarriage of justice. She stressed the need for a full overhaul to ensure justice is timely and fair.
“This change is a vital move to protect innocent people and ensure they aren’t penalised twice.” – Andrew Malkinson
Justice Secretary Alex Chalk added: “Fairness must be at the heart of our justice system. Victims of miscarriages of justice should never have their compensation clawed back.” Going forward, independent assessors won’t deduct “saved living expenses” from compensation settlements.
Compensation Caps and Political Praise
The maximum payout under the scheme is £1 million for more than 10 years wrongly spent behind bars. But Bolton highlighted the grim maths: that’s just £58,824 per year, far less than an MP’s salary of £86,584. She insists the system needs fixing to properly compensate the innocent.
Political figures have welcomed the swift changes. Sir Bob Neill and Liberal Democrat justice spokesman Alistair Carmichael praised the Justice Secretary’s quick action. Carmichael called on the government to review past cases where exonerated inmates were forced to repay prison costs, pushing for full compensation “to right these historic wrongs.”
New Rules Aim to Shield the Innocent
Under the current scheme, applicants must claim compensation within two years of being pardoned or their conviction reversed by new evidence proving their innocence beyond doubt. With the scrapping of the living costs penalty, hopes are high that wrongfully jailed individuals like Malkinson will no longer suffer financial penalties on top of lost years behind bars.
