Innocent people wrongly convicted of crimes will no longer be forced to pay “board” for their time spent in prison, the Lord Chancellor is set to announce.
It follows the case of Andrew Malkinson, 57, who was cleared of a rape he did not commit after 17 years in jail but told living costs could be deducted from his compensation.
Rules introduced in 2006 mean people who are wrongly convicted can be charged for the cost of expenses such as food and accommodation they would have incurred if they had not been locked up.
But Alex Chalk, the Lord Chancellor and Justice Secretary, is today issuing guidance that changes the rules with immediate effect.
It will ensure Mr Malkinson and other victims of a miscarriage of justice cannot have costs deducted from compensation claims. Mr Chalk said: “Fairness is a core pillar of our justice system and it is not right that victims of devastating miscarriages of justice can have deductions made for saved living expenses.
“This common sense change will ensure victims do not pay twice for crimes they did not commit.”
It follows an outcry from MPs including Tory Sir Bob Neill, chair of the Commons Justice Committee, who said that making Mr Malkinson pay for his time in jail “offends any kind of sense of justice”.
Last night Sir Bob said he was “delighted” with the new policy.
“Big credit to Andrew Malkinson, his family and supporters,” he said.
But he suggested that ministers should go further and make payments to miscarriage of justice victims who have already had their compensation docked. The maximum compensation payable under the miscarriage of justice system is £1million for 10 or more years imprisonment, or £500,000 for fewer than 10 years.
People must apply within two years of being pardoned or having their conviction reversed as a result of a newly-discovered fact.
The level of payments is decided by an independent assessor taking into account the impact of the wrongful conviction on the person’s reputation or on their physical or mental health, loss of freedom and inconvenience.
It also takes into account any loss of past or future earnings, expenses or legal costs resulting from their time in custody.
Under the old rules, the independent assessor could make a deduction based on “saved living expenses” such as rent or mortgage payments not incurred during the person’s time in prison.