Consultation on compensation for miscarriages of justice: options for Northern Ireland statutory compensation limits - Page 1 of 3 - NI Direct

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Consultation Questions

1. Do you consider that the current Northern Ireland statutory maximum limits (£500,000 and £1,000,000) remain appropriate? If not, why not?

NI Statutory Maximum Limits NI Statutory Maximum Limits

2.2 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.

3.1 In Northern Ireland, compensation payable for miscarriages of justice is provided for under section 133 of the Criminal Justice Act 1988. Where the statutory test is met, compensation is payable as assessed by an independent assessor, subject to statutory maximum limits per 133A of the Act. They are:

• £1,000,000 where the individual has spent ten years or more in custody as a consequence of the conviction; and

• £500,000 in any other case

2. Do you agree that Northern Ireland should align its overall statutory maximum limits with those now in England & Wales (£650,000 and £1,300,000 - a 30% uplift)? Please explain your reasons.

Align Overall Statutory Maximum Limits with those in E&W Align Overall Statutory Maximum Limits with those in E&W

On 15 July 2025, the Ministry of Justice announced a 30% increase to the statutory compensation limits in England & Wales (and in cases involving protected information in Northern Ireland). The new limits are:

• £1,300,000 for individuals who have spent 10 years or more in custody as a consequence of the conviction; and

• £650,000 in any other case.

3. If you do not agree that Northern Ireland should align with England & Wales, what alternative maximums (if any) would you propose for the statutory awards, any why?

Alternative maximums Alternative maximums

• £1,300,000 for individuals who have spent 10 years or more in custody as a consequence of the conviction; and

• £650,000 in any other case

4. Do you consider that there is a case, in principle, for a separate statutory maximum limit for cases involving more than 20 years' custody in Northern Ireland, recognising that this would require primary legislation and could not be introduced quickly? Please explain your reasoning.

Separate statutory maximum limit Separate statutory maximum limit

Option 3 – Introduce a third cap for >20 years (requires primary legislation)

Advantages:

• Recognises exceptional impact of very long custody

• Very limited NI caseload makes cost manageable

Disadvantages:

• Requires primary legislation

• Threshold decisions could create boundary issues and owing to small case numbers may never be used.

• Would require development in a future mandate

5. Do you consider that there is a case, in principle, for removing statutory maximum limits entirely in Northern Ireland, recognising that this would require primary legislation? Please explain your reasoning.

Removing Statutory Limited Entirely in NI Removing Statutory Limited Entirely in NI

Option 4 – Remove all caps (requires primary legislation)

Advantages:

• Maximum flexibility

• Individualised awards

• Aligns more closely with Scotland

Disadvantages:

• Less predictable cost profile particularly with regard to legal fees.

• Increased scrutiny around proportionality

• Requires primary legislation

6. Are there any operational, legal or other considerations (for example, in relation applications, legal costs, or public confidence) that the Department should take into account in developing any future proposals?

other considerations other considerations

NIL