Wrongful rape conviction: Andrew Malkinson to get 'significant' compensation

ANDREW MALKINSON, who spent 17 years in prison for a rape he did not commit, will receive a six-figure interim compensation payment from the Ministry of Justice.

The payment comes more than a year after his conviction was overturned by the Court of Appeal in July 2023.

Malkinson, 59, has been struggling financially since his release and has been on universal credit for 19 months. He told The Guardian that the compensation will give him financial independence and allow him to travel.

He plans to visit his half-sisters in Australia for the first time since 1990, as well as Spain and Portugal.

The final amount he will receive is still being assessed by the independent miscarriage of justice compensation scheme, led by retired judge Sir Robin Spencer.

Under current rules, the maximum payout for a wrongful conviction is capped at £1 million, a limit set in 2008.

Malkinson, who was 37 when he was jailed, has criticised the compensation cap, arguing that it does not reflect inflation or the severity of his wrongful imprisonment.

He told The Guardian that the scheme “needs undoing and putting back on the road to justice.”

His lawyer, Toby Wilton of Hickman and Rose, said the interim payment was welcome but called for an increase in the compensation cap.

He said: “One million pounds then would be worth around £2 million today. The arbitrary and unfair compensation cap should, at the very least, increase with inflation.”

Malkinson’s wrongful conviction was overturned after legal charity Appeal uncovered evidence that had been missed for years.

An independent review found that the Criminal Cases Review Commission (CCRC) had failed to investigate his case properly, leading to a delay in his exoneration.

He has since campaigned for changes to the law, ensuring that prison lodging costs are no longer deducted from compensation payments.

He is also advocating for automatic compensation for those who have their convictions overturned, saying: “The government owes the victim.”

Justice secretary Shabana Mahmood said: “Andrew Malkinson suffered an atrocious miscarriage of justice, and we have issued an interim payment so he can begin to rebuild his life. We are actively considering the concerns he has raised.”