Compensation

Most people think that when a person has gone to prison when they shouldn’t have, that they will receive compensation when their conviction is finally overturned.

However a most brutal law introduced in 2014 has meant the vast majority don’t get a penny.

It is no longer enough for the wrongfully convicted person to have proved that they are not guilty. To receive compensation, they must show that the new or newly discovered fact that led to the conviction being quashed shows “beyond reasonable doubt” that the person did not commit the offence (Criminal Justice Act 2014 Section 133 (1ZA)).

This essentially means they must prove their innocence – therefore reversing the age old principle of ‘innocent until proven guilty’. From 2016 to 2024, of the 591 applications for compensation by miscarriage of justice victims, only 39 were granted – less than 7%.

Innocent people who have spent many years in prison have been left destitute. That’s exactly what happened to Sam Hallam, who is supported by APPEAL. Despite his conviction being overturned in 2012, Sam has been denied any form of compensation.

APPEAL is calling for this abhorrent rule to be scrapped #ScraptheTest.

You can listen to our Co-Director Matt Foot discussing the inhumane rule on Radio 4 following Sam Hallam’s case before the European Court of Human Rights.