Wrongful conviction
The Home Secretary is prepared under certain specified
circumstances to pay compensation to those who have
been wrongly convicted or charged. These are set out
in the then Home
Secretary's statement to the House of Commons on 29
November 1985, the first part of which has now been
reflected by the provisions of Section
133 of the Criminal Justice Act 1988. The
legislation complies with international obligations
[Article 14(6) of the International Covenant on Civil
and Political Rights].
How to apply for compensation
Applications should be made in writing to the Home
Secretary and sent to The Office for Criminal Justice
Reform, Trial Policy and Procedure, Claims Assessment
Team, Ground Floor, Fry Building, 2 Marsham Street,
London SW1P 4DF. Alternatively you may apply by e-mail
to ocjrenquiry@cjs.gsi.gov.uk.
There is no standard application form. Applications
should include the applicant's full name; date of birth;
place and date of conviction or details of charge; the
circumstances in which the conviction was reversed or
the charge dropped; and the reasons why the applicant
feels compensation is due to him/her. Where charges
were dropped it would be helpful to know which police
force was involved.
How applications are decided
There is no general entitlement to recompense for
wrongful conviction, for example compensation will not
be awarded in cases where at the trial or on appeal the
prosecution is unable to sustain the burden of proof
against the accused person. The Home Secretary will
nevertheless consider any application which is made to
him, examining it in turn under the statutory provisions
and the ex-gratia arrangements:
Statutory provisions
Briefly, compensation is payable under section 133 of
the Criminal Justice Act 1988:
- if a conviction is quashed on an out-of-time appeal;
or
- if a conviction is quashed after the case has been
referred to the Court of Appeal by:
- the Home Secretary under section 17 of the
Criminal Appeal Act 1968 before 31 March 1997 or
- the Criminal
Cases Review Commission under section 9 of the
Criminal Appeal Act 1995 on or after 31 March 1997; or
- if a conviction is quashed on appeal under
Section 7 of the Terrorism Act 2000; or
- if a Free Pardon is granted;
in each case after the emergence of some new fact,
and provided the non-disclosure of this fact was not
wholly or partially attributable to the applicant.
Ex-gratia scheme
Alternatively, the Home Secretary may make an ex-gratia
payment in certain exceptional cases where the applicant
has spent time in custody, for example where there is
serious default by a public authority, such as the
police, or if an accused person is completely exonerated
(whether at trial or on appeal).
Awards of compensation
The Home Secretary takes the final decision as to
whether the applicant qualifies for payment. An
independent assessor determines the amount of the award
in all cases. It is not the Home Secretary's normal
practice to publish details of individual awards.
How to apply to the Criminal
Cases Review Commission
If you believe you have been wrongly found guilty of
a criminal offence or wrongly sentenced, and you have
exhausted the normal appeal process, you may like to
contact the Criminal Cases Review
Commission
The Commission is an independent body responsible for
investigating suspected miscarriages of criminal justice
in England, Wales or Northern Ireland.
If you think the Commission can help you, you should
apply, in writing, supplying details of your case.
Contact Details
The Criminal Cases Review Commission
Alpha Tower
Suffolk Street
Queensway
Birmingham
B1 1TT
Telephone: 0121 633 1800
Fax: 0121 633 1804/1823
Email enquiries: info@ccrc.gov.uk
For further information on the work of the Criminal
Cases Review Commission and an application form click
here www.ccrc.gov.uk |
