Review ordered into living costs for wrongfully convicted prisoners as Rishi Sunak calls it unfair

  • Political Correspondent Lise McNally joined Granada Reports at 6pm live from Westminster with the latest.

It is unfair that wrongfully convicted prisoners should have to pay back living costs for their time locked up, Prime Minister Rishi Sunak has said.

It comes after concerns a man who spent 17 years in prison for a rape he did not commit faces costs being deducted for his board and lodging from any compensation he may get.

Andrew Malkinson, 57, was wrongly found guilty of raping a woman in Salford, Greater Manchester in 2003, and was jailed for life with a minimum term of seven years.

An extra 10 years were added onto his sentence due to Mr Malkinson maintaining his innocence.

Police are 'institutionally corrupt' says man wrongly jailed for rape
Andrew Malkinson after his successful appeal against his rape conviction. Credit: PA Images

His conviction was quashed by senior judges at the Court of Appeal on 26 July after DNA evidence that linked another man to the crime was brought to light.

An independent board determines whether living costs would be taken off any compensation that Mr Malkinson receives.

But, the Justice Secretary is now ordering an urgent review of those compensation laws for innocent people.

In a statement the department said: "The Lord Chancellor is committed to ensuring victims of miscarriages of justice are fairly compensated.

"That is why he has urgently commissioned officials at the Ministry of Justice to look again at the current system to ensure it is working in the best interest of victims."

Andrew Malkinson's conviction was quashed by three senior judges at the Court of Appeal.

Speaking in Westminster on Monday 31 July, the Prime Minister's press secretary said Rishi Sunak was also against the idea of compensation being removed.

She said: “In principle, for someone who is wrongly convicted, I don’t think the Prime Minister thinks it would be fair for them to have to repay costs, particularly as they have wrongfully been kept in prison for something that they didn’t do.”

The present rules relate to a ruling by the House of Lords in 2007 during a time when it was the UK's highest court.

His press secretary added: “Mr Sunak has been speaking with the Home Office and others in Government to establish the facts and to make sure the approach is right and fair.”

Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To know...