Latest news with #AndrewMalkinson
Glasgow Times
2 days ago
- Politics
- Glasgow Times
Benefits law change for miscarriage of justice victims comes into force
New rules will prevent wrongly convicted people being pushed over the savings limit for means-tested support because of the amount they received in payouts. Until now, compensation for miscarriage of justice sometimes dragged people above the threshold for claiming certain welfare payments. Under a legislative change taking effect from Tuesday, these payouts will now be exempted when assessing eligibility for: income-based jobseeker's allowance, income-related employment and support allowance, income support, housing benefit, pension credit and universal credit. Social security minister Sir Stephen Timms MP said the move was part of wider Government action aimed at 'rebuilding trust in our systems', which he said 'begins by restoring trust with those the system has failed'. 'We can't return the years lost by miscarriage of justice victims — but we can, and must, ensure they have every opportunity to restart their lives so they can make the most of the years ahead,' he said. He encouraged anyone who has received miscarriage of justice compensation to 'come forward, so we can ensure they receive the help they are entitled to'. The law change comes after campaigners including Andrew Malkinson, who was wrongly convicted of rape, called for greater access to support for those like him whose names have been cleared. Andrew Malkinson has said he is 'intensely relieved' by the rule change but that further reform is needed (PA) Mr Malkinson, who was the victim of one of the worst miscarriages of justice in British legal history, has said while the new rule 'ends a stark injustice', further reforms are needed. Speaking earlier this month, he said he was 'intensely relieved' by the law change but would continue calling on the Government to lift the cap on legal compensation payments. The Ministry of Justice is to raise the amount paid to people wrongly jailed for more than a decade to £1.3 million, but Mr Malkinson has described the proposed increase as 'insulting'. He has also spoken out against rules under which payouts are only awarded to people who can prove innocence beyond a reasonable doubt. 'I remain determined to challenge the completely unfair cap on compensation for the wrongfully convicted – and the ridiculous requirement that a person in my position be required to prove their innocence a second time to get compensated,' he said.
Western Telegraph
2 days ago
- Politics
- Western Telegraph
Benefits law change for miscarriage of justice victims comes into force
New rules will prevent wrongly convicted people being pushed over the savings limit for means-tested support because of the amount they received in payouts. Until now, compensation for miscarriage of justice sometimes dragged people above the threshold for claiming certain welfare payments. Under a legislative change taking effect from Tuesday, these payouts will now be exempted when assessing eligibility for: income-based jobseeker's allowance, income-related employment and support allowance, income support, housing benefit, pension credit and universal credit. Social security minister Sir Stephen Timms MP said the move was part of wider Government action aimed at 'rebuilding trust in our systems', which he said 'begins by restoring trust with those the system has failed'. 'We can't return the years lost by miscarriage of justice victims — but we can, and must, ensure they have every opportunity to restart their lives so they can make the most of the years ahead,' he said. He encouraged anyone who has received miscarriage of justice compensation to 'come forward, so we can ensure they receive the help they are entitled to'. The law change comes after campaigners including Andrew Malkinson, who was wrongly convicted of rape, called for greater access to support for those like him whose names have been cleared. Andrew Malkinson has said he is 'intensely relieved' by the rule change but that further reform is needed (PA) Mr Malkinson, who was the victim of one of the worst miscarriages of justice in British legal history, has said while the new rule 'ends a stark injustice', further reforms are needed. Speaking earlier this month, he said he was 'intensely relieved' by the law change but would continue calling on the Government to lift the cap on legal compensation payments. The Ministry of Justice is to raise the amount paid to people wrongly jailed for more than a decade to £1.3 million, but Mr Malkinson has described the proposed increase as 'insulting'. He has also spoken out against rules under which payouts are only awarded to people who can prove innocence beyond a reasonable doubt. 'I remain determined to challenge the completely unfair cap on compensation for the wrongfully convicted – and the ridiculous requirement that a person in my position be required to prove their innocence a second time to get compensated,' he said.
ITV News
15-07-2025
- Politics
- ITV News
Wrongly jailed man hits out at ‘insulting' compensation increase
A man who served 17 years in prison after being wrongly convicted of rape has hit out at an 'insulting' increase in compensation for victims of miscarriages of justice. The Ministry of Justice has announced that the compensation cap will rise by 30% for those who were convicted of a crime they did not commit. Those wrongfully imprisoned for more than 10 years will receive £1.3 million instead of £1 million, while those with sentences of less than 10 years will receive £650,000 rather than £500,000. It is the first increase to the payment since the scheme's introduction in 2008. But Andrew Malkinson, who has been campaigning with the law charity Appeal to get the compensation scheme overhauled, described the change as 'insulting'. He was wrongly convicted and jailed in 2004 for the rape of a 33-year-old woman in Salford, Greater Manchester, spending 17 years in prison. Mr Malkinson – who was released in 2020 after DNA evidence proved he was not the attacker – said: 'This change is an improvement but a below-inflation increase is insulting. 'The state stole years of my life and robbed me of my physical and mental health, yet it still wants to arbitrarily limit the compensation I receive to try to put myself back together. 'I'll keep fighting to abolish this cruel and arbitrary cap, along with the brutal rules currently denying compensation to the vast majority of wrongfully convicted people.' The compensation scheme is intended to help individuals restart and rebuild their lives. It is one route through which an individual can receive compensation for a wrongful conviction, with other options including suing public bodies. Those claiming after miscarriages of justice within the armed forces will also see the same rise in the cap. Toby Wilton, solicitor at Hickman & Rose who represent Mr Malkinson in his claims for compensation, said: 'While this proposal is welcome, it does not go nearly far enough. The current maximum cap on compensation of £1 million was introduced in 2008. 'Before that, compensation was not capped at all and applicants received compensation broadly in line with what they would receive in a court of law. 'The government should return to this system, removing the arbitrary cap which unfairly penalises those who, like Andrew Malkinson, have suffered the longest lasting and most serious miscarriages of justice. 'A 30% increase in the cap, whilst welcome, does not come close to addressing this unfairness. 'Increased by RPI inflation, the measure the courts use to uprate compensation amounts, £1 million in 2008 would be closer to £2 million today. Increased by CPI, it would be £1.65 million, more than double this proposed increase. 'The Government and Parliament should think again.' Lord Chancellor Shabana Mahmood believes the additional support will help victims of miscarriages of justice. She said: 'Fairness is the ideal that underpins our justice system. Where it has failed to meet that ideal, victims of devastating miscarriages of justice must be able to rebuild their lives. 'This uplift will ensure victims are compensated for the crimes they did not commit and the years they cannot get back.'
Daily Mail
15-07-2025
- Politics
- Daily Mail
Innocent 'Beast of Birkenhead' Peter Sullivan now in line for £1.3m payout but lawyers say miscarriage of justice changes 'don't go nearly far enough'
Labour has announced an increase in maximum pay-outs to victims of miscarriages of justice – but the changes do not go far enough, lawyers have warned. The current cap on compensation payments for people wrongly jailed for 10 years or more will rise by £300,000 to £1.3million, Justice Secretary Shabana Mahmood confirmed today. The ceiling on payments to those wrongly jailed for up to 10 years will also rise by 30 per cent to £650,000. The increase is likely to mean that Peter Sullivan – whose conviction was quashed in May for a murder he did not commit – will now be due a higher pay-out. In one of Britain's worst miscarriages of justice Mr Sullivan spent 38 years behind bars before judges overturned his conviction for the 1986 murder of 21-year-old florist Diane Sindall. Erroneously dubbed the 'Beast of Birkenhead' after the brutal killing, Mr Sullivan had long protested his innocence. The sheer length of his wrongful jail term means he is expected to be awarded a sum to the limit of the new cap. In another high-profile case, Andrew Malkinson was wrongly jailed for rape for 17 years and finally freed two years ago. Months after his release he had received no pay-out and described himself as 'broke' and 'living in a tent'. In February it emerged Mr Malkinson had received a 'significant' six-figure interim pay-out – but his final application is yet to be resolved. Solicitor Toby Wilton, who is representing Mr Malkinson in his compensation claim, said Ms Mahmood's announcement 'does not go nearly far enough'. 'The current maximum cap on compensation of £1million was introduced in 2008,' Mr Wilton said. 'Before that, compensation was not capped at all and applicants received compensation broadly in line with what they would receive in a court of law. 'The government should return to this system, removing the arbitrary cap which unfairly penalises those who like Andrew Malkinson have suffered the longest lasting and most serious miscarriages of justice. 'While this proposal is welcome, it does not go nearly far enough.' He added: 'The Government and Parliament should think again. 'A 30 per cent increase in the cap, whilst welcome, does not come close to addressing this unfairness. 'Increased by RPI inflation, the measure the courts use to uprate compensation amounts, £1million in 2008 would be closer to £2million today.' Announcing the changes, Ms Mahmood said: 'Fairness is the ideal that underpins our justice system. 'Where it has failed to meet that ideal, victims of devastating miscarriages of justice must be able to rebuild their lives. 'This uplift will ensure victims are compensated for the crimes they did not commit and the years they cannot get back.' The exact amount of compensation is decided by an independent assessor. Applications must be made within two years of being pardoned or having a conviction quashed as a result of a newly-discovered fact.
Daily Mirror
15-07-2025
- Politics
- Daily Mirror
Man wrongly jailed for 17 years sparks compensation row as lawyer hits out
Ministers have announced that victims of justice who are wrongly imprisoned for 10 years or more in England and Wales could get up to £1.3million in compensation Andrew Malkinson's lawyer has said plans to increase an 'arbitrary' cap on compensation for victims of miscarriages of justice 'does not go nearly far enough'. Ministers have announced that victims of justice who are wrongly jailed for 10 years or more in England and Wales could get up to £1.3million in compensation. It is a 30% uplift from the current £1m cap, which has not been changed since 2008. The current £500,000 maximum amount of compensation payable to those who are wrongly jailed for up to 10 years will also be increased by 30% to £650,000. It follows calls from Malkinson, who served 17 years in prison for a rape he did not commit, to reform the compensation scheme. But Toby Wilton, a solicitor representing the 59-year-old, warned the 30% increase 'does not come close to addressing this unfairness'. He said: 'While this proposal is welcome, it does not go nearly far enough. The current maximum cap on compensation of £1m was introduced in 2008. Before that, compensation was not capped at all and applicants received compensation broadly in line with what they would receive in a Court of law. 'The government should return to this system, removing the arbitrary cap which unfairly penalises those who like Andrew Malkinson have suffered the longest lasting and most serious miscarriages of justice. "A 30% increase in the cap, whilst welcome, does not come close to addressing this unfairness. The Government and Parliament should think again.' He said the courts use RPI inflation to uprate compensation amounts, which if applied here, would mean £1m in 2008 would be closer to £2m today. Mr Malkinson's conviction was overturned in 2023 after an almost 20-year fight for justice for years. But he did not receive his first compensation payment until earlier this year, following a year and a half of struggling to get by on benefits. In February, Mr Malkinson described the compensation scheme as not "fit for purpose". "The ridiculous 2008 compensation cap which hasn't increased with inflation should be lifted, and people should automatically be accepted on to the scheme if their convictions are quashed," he said. Justice Secretary Shabana Mahmood said: 'Fairness is the ideal that underpins our justice system. Where it has failed to meet that ideal, victims of devastating miscarriages of justice must be able to rebuild their lives. T "his uplift will ensure victims are compensated for the crimes they did not commit and the years they cannot get back.' Malkinson, 59, had his conviction squashed in 2023 by the country's Court of Appeal after DNA evidence linked another suspect to the crime. He was working as a security guard in Salford when he was wrongly convicted in 2004 of an attack on a 33-year-old woman after she had picked him out form a police line-up.
