A man who served 17 years in prison after being wrongly convicted of rape has spoken of his “intense relief” at changes to benefits rules under an official compensation scheme.
Andrew Malkinson, who was the victim of one of the worst miscarriages of justice in British legal history, will still have the right to apply for means-tested benefits despite receiving his first six-figure payout from the Government miscarriage of justice compensation scheme.
A change laid in a statutory instrument in Parliament on July 1, and coming into force on July 22, means that those who receive such compensation payments can continue to claim benefits.
Mr Malkinson said: “When I was stuck behind my cell door I would never have believed that my case would lead to so many reforms – but I am determined to tear down the system that failed me for so long and is failing so many others.
“I am intensely relieved that thanks to this change to the law, I will still have access to benefits even though the state is starting to compensate me for my wrongful conviction.
“My compensation fund is supposed to pay for the support I need to help me heal, not just day to day life, and that sort of support is expensive, especially as I will need it for so many years to come.
“And this reform will be in place for those who come after me as well.”
Mr Malkinson was left living on benefits and using food banks after his release, having to wait two years to get his first interim compensation payment.
The 59-year-old has already successfully campaigned to stop prison lodging costs being deducted from payouts, and has spoken out against a £1 million cap on the compensation payments, and rules under which payments are only awarded to people who can prove innocence beyond a reasonable doubt.
Ministry of Justice data showed that 6.5% of people who had applied for compensation due to a miscarriage of justice between April 2016 and March 2024 were awarded payouts. Of 591 people who applied, 39 were granted compensation.
Mr Malkinson said: “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.”
His solicitor Toby Wilton urged the government to lift the £1 million cap that was set in 2008.
The issue again came to the fore in a separate case in May, that saw Peter Sullivan freed from jail after serving 38 years for a murder he did not commit.
Mr Wilton said while the benefits change “ends a stark injustice”, further reforms are needed.
“Miscarriage of justice victims like Andy Malkinson will no longer lose their benefits or social housing on account of having received compensation under the statutory miscarriage of justice compensation scheme.
“They are free to use their compensation payments to try to rebuild their lives.
“But while Andy and other future applicants will no doubt breathe a sigh of relief, the truth is that this change tinkers around the edges of a miscarriage of justice compensation scheme which is not fit for purpose.
“Currently, compensation can only be paid to the very few applicants who can prove their innocence beyond a reasonable doubt – effectively forcing them to prove a negative.
“On top of this, the scheme arbitrarily disadvantages people like Andy who have suffered the most serious miscarriages of justice by capping compensation at £1 million.
“This cap was set in 2008 and would be worth nearly £2 million today, but while the Government has the power to change this cap or remove it, it has so far refused to do this.
“It must act now.”
