Consultation on compensation for miscarriages of justice: options for Northern Ireland statutory compensation limits

Overview

Prior to the enactment of section 133 of the Criminal Justice Act 1988, compensation for miscarriages of justice was originally administered on a non-statutory, ex gratia basis. Awards were assessed on a case-by-case basis and were not subject to a prescribed statutory maximum. Over time, the level of awards and associated legal costs rose significantly, leading to concerns about affordability, consistency and public confidence.

In 2008, statutory maximum limits were introduced to the section 133 scheme through amendments to the Criminal Justice Act 1988. The purpose of these limits was to provide greater proportionality and consistency in awards, whilst also ensuring responsible stewardship of public funds.

As a result of the devolution of policing and justice matters in 2010, other than in cases involving protected information, responsibility for determining entitlement to compensation payable under section 133 is exercised by the Department of Justice. The amount of compensation payable in Northern Ireland mirrored that of England & Wales: an overall limit of £1,000,000 where a person has spent ten years or more in custody as a consequence of their conviction, and £500,000 in any other case.  

This is the first time the Department has consulted on a miscarriage of justice policy. Given the history of the scheme and the importance of public confidence, the Department considers it appropriate to seek views on whether the existing statutory maximum limits  payable in Northern Ireland should be aligned with the new statutory maximum amounts in England & Wales, and whether, in principle, there is justification for more substantive changes in a future mandate, such as a separate provision for very long periods in custody or the removal of statutory maximum awards altogether.

Why your views matter

Your views can help the Department of Justice decide whether to apply a 30% uplift to the existing statutory maximum compensation limits for miscarriages of justice, bringing Northern Ireland into line with the position recently adopted in England and Wales.