Compensation Claims for Miscarriage of Justice

Unfortunately, the criminal system is not perfect, which is why there are many cases of those who have been severely let down by it. If you have been wrongly convicted and subsequently acquitted, in specific circumstances you may be entitled to compensation for a miscarriage of justice under s133 Criminal Justice Act 1988, the statutory scheme.

We appreciate that no amount of money can ever compensate you for a wrongful conviction but, if you qualify, it could help you rebuild your life. As a team of specialist solicitors we are highly experienced in this area working on behalf of our clients to get the justice they deserve.

If you would like to speak with one of the team please call us on 0808 278 2531 or request a call back online.

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Why choose Hodge Jones & Allen?

Unrivalled expertise

Our Civil Liberties team has unrivalled expertise in this highly specialised field. We have helped victims of miscarriage of justice secure compensation in most of the major cases over the last twenty years, including high profile claims such as the Bridgewater Four and M25 Three. Furthermore, we have led ground-breaking legal challenges against government cuts to compensation for miscarriages of justice.

Support & Guidance

Our solicitors understand how hard and frustrating it is to be in your situation. This is why our team of professionals will work with you by giving clear and pragmatic advice every step of the way. They will support you and guide you through the process. We also work very closely with family members, as we realise how difficult this can be for them.

Fighting on your behalf

Our solicitors are on hand to protect your rights and interests and get you the best result possible.

What is the compensation scheme for miscarriages of justice?

The scheme for compensation for miscarriages of justice is the Statutory Scheme under Section 133 of the Criminal Justice Act 1988.

To be entitled to compensation for a miscarriage of justice the applicant must meet two conditions:

1) Firstly, they must show that their conviction has been reversed or that they have been pardoned. A conviction qualifies as being reversed in this context if:

  • It has been quashed on an appeal out of time and the applicant is not to be subject to a retrial
  • It has been quashed on an appeal out of time, and the application was subject to a retrial, and the applicant has been acquitted of all offences at the retrial or the prosecution has indicated that it has decided not to proceed with the retrial
  • It has been quashed after the case has been referred to the Court of Appeal by the Criminal Cases Review Commission under Section 9 of the Criminal Appeal Act 1995
  • It has been quashed on appeal under Section 7 of the Terrorism Act 2000
  • It has been quashed on appeal under Schedule 3 to the Terrorism Prevention and Investigation Act 2011

2)  Secondly, the conviction must have been reversed or pardoned, on the ground that a new, or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice.

An application must be made to the Ministry of Justice within two years of your conviction being quashed unless there are exceptional circumstances. The Justice Secretary decides whether applicants are eligible for the scheme. If an applicant is eligible they then have to provide evidence of their losses. An independent assessor will decide on the level of compensation, which is currently capped at £500,000 if you have been in custody for less than ten years, and £1 million if you have been in custody for over ten years.

How to make a miscarriage of justice claim

  • Contact our highly experienced team

Whatever your needs, our team of highly experienced solicitors can provide you with the help and advice you need. To seek advice from our specialist team of human rights solicitors you should contact one of our experienced team for free, either by telephone or through our online form.

  • We’ll gather the information to review your case

Usually the decision of the Court which quashed your conviction and the Criminal Cases Review Commission decision if they were involved.

Once we have all the information we need we will then let you know if you have a case which we can assist with. Following us completing the case review if you have a case which we can help with we will then arrange a time to meet or talk through to discuss your needs and particular situation in greater detail.

  • Help you with the best resolution

You will then be allocated a solicitor specialising in the field to help you find the best possible resolution during a stressful and often sensitive time.

Examples of people we have helped:

Compensation for the Bridgewater Four

We secured significant compensation of between £500,000 and £1 million for the Bridgewater Four, whose convictions were quashed for the murder of newspaper boy, Carl Bridgewater. They spent 18 years in jail.

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