Andrew Malkinson Receives Compensation for Wrongful Conviction After Over a Decade in Prison

Andrew Malkinson is to receive a significant financial payout from the Ministry of Justice, more than a year and a half after a court of appeal declared his innocence in a 17-year-old rape case.

Justice Served Coldly

Malkinson, who was wrongfully convicted of a rape crime in Greater Manchester, was released in July 2023. Since then, he has been struggling financially on benefits. This week, he will receive a substantial six-figure interim payment, providing much-needed relief.

“It’s been a mighty struggle, because I could hardly pay for my rent and food,” Malkinson, 59, said. “So I’m very pleased now that I’m financially independent and I’ve got the freedom I craved whilst in prison.”

Freedom and a Chance to Travel

The final compensation amount will be determined by Sir Robin Spencer, a retired judge and independent assessor of miscarriage of justice compensation. Malkinson plans to use the interim payment to travel, something he had dreamed of during his incarceration. He is set to visit Australia to see his half-sisters for the first time since 1990.

Malkinson’s passion for backpacking has been rekindled, and he has ambitious travel plans for 2024, including visits to Spain and Portugal. He also plans to purchase some stargazing binoculars and a car speaker to enjoy his favorite reggae music.

Chasing Justice Reform

Despite receiving an interim payment, Malkinson remains critical of the compensation scheme, arguing that the £1 million cap is outdated and inadequate. This cap, introduced by Labour in 2008, was set when £1 million would be worth around £2 million today. He wants to see an increase in the compensation limit to reflect inflation and the significant impact a wrongful conviction has on a person’s life.

“The scheme needs undoing and putting back on the road to justice,” Malkinson asserts. “It should also be automatic for those whose convictions are overturned, as the government owes them.”

The Role of the Criminal Cases Review Commission

Malkinson’s exoneration was made possible by a team at the charity and law practice Appeal, which uncovered evidence that the Criminal Cases Review Commission had previously overlooked. The CCRC has faced criticism for its handling of cases and for allegedly diverting public funds for luxury trips.

“These expensive little jollies away could have been spent investigating cases instead of doing paper exercises,” Malkinson commented.

Impact and Future Calls to Action

Malkinson has already successfully amended the compensation law to ensure that prison lodging costs are no longer deducted from payouts. He aims to advocate for broader reforms to the compensation process, emphasizing the urgency of supporting victims of miscarriages of justice.

More than 93% of applicants to the compensation scheme are denied payouts, according to a test case in the European Court of Human Rights. This statistic underscores the need for systemic changes to better support those who have suffered wrongful convictions.

Government Response

The Secretary of State for Justice, Shabana Mahmood, acknowledged Malkinson’s suffering and the interim payment issued by the government. “We are actively considering the concerns he has raised to ensure we are effectively supporting individuals who have suffered a miscarriage of justice,” she stated.

A Call to Action

Andrew Malkinson’s journey is a reminder of the importance of justice and the human cost of wrongful convictions. As more and more cases come to light, the need for fair and equitable compensation becomes increasingly urgent. Share your thoughts and experiences on social media or subscribe to our newsletter for updates on ongoing efforts to reform the justice system.

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