Victims of historic miscarriages of justice, like Andrew Malkinson, who was wrongfully jailed for 17 years, are facing the additional burden of having to cover the costs for their time spent in prison despite recent policy changes.
Malkinson, who was wrongfully convicted of raping a woman in Salford, Greater Manchester, in 2003, is among those affected by a policy that deducts ‘bed and board’ costs from compensation payments. Although former Justice Secretary Alex Chalk eliminated the policy last year, those who received payouts cannot reclaim the deducted amounts.
Another case in point is Paul Blackburn, who spent 25 years in prison before being compensated in 2011. Blackburn’s compensation was reduced by £100,000 to cover ‘rent and food costs’ he would have incurred if he had been free. He argues that this deduction was based on the assumption he would never have worked and would have relied on benefits, which he believes is an unjust double penalty.
Blackburn has indicated he might pursue legal action against the government, stating, “It’s just compounding things. Just do the right thing. Just put things right.”
Paymaster General Nick Thomas-Symonds stated it is ‘standard’ for government policies not to apply retroactively. This stance represents a further setback for those wrongfully imprisoned seeking fair compensation.
Malkinson, who has criticized the slow response and inadequate compensation adjustments, highlighted his barriers to accessing compensation. He has also called for an increase in the compensation cap, which has remained fixed at £1,000,000 since December 2008 and has not adjusted for inflation.
A Ministry of Justice spokesperson assured that Malkinson’s case is being addressed through an inquiry and noted that the deduction policy has been scrapped. They emphasized that Malkinson can still apply for compensation through the Miscarriage of Justice Application Service and will not impact or delay his plans to pursue legal action against the police.
