Long announces decision on “saved living expenses”
Date published:
“Saved living expenses’ will no longer be deducted from the compensation payments made to people who have been subject to a miscarriage of justice.
Minister Long said: I have updated the guidance governing the award of compensation for miscarriages of justice with immediate effect, to ensure that deductions for saved living expenses are removed from the assessment of compensation. This amendment will apply to new applications only and will bring Northern Ireland into line with the rest of the United Kingdom.
The miscarriage of justice compensation scheme is designed to help individuals restart and rebuild their lives. It is just one route in which an individual can receive compensation for a wrongful conviction, with other options including suing public bodies.
Once eligible, the level of compensation is decided by an independent assessor. An award of compensation will normally fall into 2 parts:
- Compensation for the impact of the wrongful conviction on an individual, including damage to their reputation or to their physical or mental health, loss of freedom and inconvenience.
- Loss of past or future earnings, expenses or legal costs resulting from their time in custody.
Under previous guidance, the independent assessor could make a deduction from loss of past earnings based on “saved living expenses” such as rent or mortgage payments which were not incurred during their time in prison.
The maximum amount of compensation payable under the miscarriage of justice system is £1 million for 10 or more years imprisonment or £500,000 for up to 10 years.
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