Wrongly convicted prisoners must have jail living costs reimbursed after Andrew Malkinson case, says Labour MP
A review into the treatment of people wrongfully convicted of crimes and made to pay prison “bed and board” should expand to consider reimbursing all who have fallen foul of the policy, a Labour MP has said.
The recent case of Andrew Malkinson, who spent 17 years in prison after his wrongful conviction for rape, has shone a light on the treatment of innocent people who are jailed.
Prime Minister Rishi Sunak and Justice Secretary Alex Chalk have both backed a review of the rules after it emerged Mr Malkinson would have his “bed and board” deducted from his compensation fee.
Beth Winter, MP for Cynon Valley, has written to Mr Chalk highlighting another similar case of someone forced to pay for prison time despite being acquitted.
She is urging the Justice Secretary to offer blanket compensation for those who have been subject to these rules.
Ms Winter’s constituent, Michael O’Brien, spent more than 11 years in custody following a wrongful conviction for murder.
In the letter, seen by i, the MP described the jailing as “a miscarriage of justice which cost him over a decade of his life”.
He has received substantial compensation, Ms Winter said, but had thousands of pounds deducted to cover the cost of his time in prison.
She described the charges as an “insult”.
“Mr O’Brien received £692,000 from the Home Office in compensation when his conviction was quashed and a further £300,000 from South Wales Police when they agreed to settle a claim for malicious prosecution and misfeasance in public office,” Mr Winter wrote in the letter.
“Mr O’Brien was however subject to a so-called ‘saved living expense’ or ‘bed and board’ deduction from his Home Office compensation which cost him over £37,000.
“This is an insult. No compensation awarded due to loss of liberty – particularly over so many years – should be subject to a ‘saved living expense’ deduction.
“No person subjected to imprisonment could accept such a charge – and no reasonable person interested in delivering justice could justify such a charge being made. Indeed, you yourself have described it as ‘paying twice for crimes [they] did not commit’.”
She said she welcomed Mr Chalk’s announcement that he would take “decisive action to inject greater fairness into how payout decisions for miscarriages of justice are made”
She urged the Secretary of State to confirm that the case Mr O’Brien would be looked at.
Last month, Downing Street said Mr Sunak believed “in principle” that it was not fair for someone who has been wrongfully convicted to repay or costs of keeping them locked up.
Mr Chalk told BBC Radio 4’s Today programme earlier this month that he was “looking carefully” at the issue of those who seen deductions to compensation in the past.
“The only thing I would say is that in the last 10 years, no one has had any deduction for board and lodging. There have been three since 2006… so I will look at them,” he said.
“But it is important also to look in the round that there’s a general rule which says you shouldn’t have retrospective legislation except where it’s absolutely necessary.”
The Ministry of Justice did not comment.
