Andrew Malkinson: why cleared inmates have to pay back prisons from compensation
Cost of ‘bed and board’ in jail may be deducted from payouts for wrongful imprisonments
Critics are joining Andrew Malkinson in calling for an end to rules under which prison living costs are deducted from compensation payouts for wrongful convictions.
Malkinson, now 57, spent 17 years behind bars after being found guilty of rape, but his conviction was overturned last week after fresh DNA evidence linked another man to the crime.
While the false conviction is “disturbing enough”, said The Guardian, “it may get more Kafkaesque still”. If Malkinson receives financial compensation, an assessor will be expected to deduct “saved living expenses” to reimburse the prison service for the cost of his board and lodging. That a wrongly jailed person “can be charged in this way for their own wrongful imprisonment” is “jaw-dropping”, the paper argued.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Who is Andrew Malkinson?
Malkinson was sentenced to life imprisonment in 2004, with a minimum of seven years, after being convicted of strangling and raping a woman in Salford, Greater Manchester.
He served a further ten years as he maintained his innocence. The former security guard's barrister, Edward Henry KC, said Malkinson would “not falsely confess to abhorrent crimes which he did not commit”.
He was released from prison in December 2020, but remained on the sex offenders register and “under close watch” by police, Sky News reported.
His conviction was finally overturned last Wednesday, when High Court judges ruled that the original verdict was “unsafe” after hearing new DNA evidence.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Speaking outside the London court, Malkinson said that he had been “kidnapped” by the state and that he was “enraged” by the possibility of having to pay money for the “torture” he endured for almost two decades.
What are the rules and why?
Malkinson, who is currently living on benefits, told the BBC that having to pay back the prison service after “you fight tooth and nail” for compensation was “kind of sick”.
Finding out about the potential living costs charge “was the final insult, as far as I was concerned, to an innocent man”, he said.
The rules date back to a House of Lords decision in 2007 relating to cousins Vincent Hickey and Michael Hickey, who were wrongly convicted of the murder of paperboy Carl Bridgewater in 1978. After the two men were freed by the Court of Appeal in 1997, then home secretary Jack Straw decided they were entitled to compensation, which amounted to £1 million and £550,000 respectively.
But “in each case, a 25% deduction was made from the section of their compensation which reflected their loss of earnings while in prison”, the BBC reported, “because of the living expenses they had not had to fund”.
The cousins appealed to the European Court of Human Rights (ECHR), but the court “ruled in favour of the law lords’ decision”.
Is Malkinson likely to win compensation?
According to the House of Commons Library, the “maximum amount of compensation payable is £1 million in cases where the applicant has been imprisoned for at least 10 years” .
Although all charges against Malkinson have been dropped, he “still hasn’t received a declaration of innocence” from the Court of Appeal, said Sky News.
Malkinson told the BBC’s “Newsnight” that the process was a “whole new battle”, adding: “They don’t like paying compensation and there’s resistance every step of the way.”
The Ministry of Justice told Sky News that compensation for miscarriage of justice cases was assessed on a case-by-case basis and that if compensation was to be awarded, the amount would be determined by an independent assessor, Dame Linda Dobbs.
The assessor would “consider deductions” including “substantial savings likely to have been made on the basis of living costs not incurred while in custody”, the MoJ said.
Conservative MP Bob Neill, chair of the Justice Select Committee, told BBC Radio 4. that it was “clearly not right” for somebody like Malkinson to have to pay back the state “for the privilege of having been wrong incarcerated”.
The Guardian argued that Malkinson has been “repeatedly let down by every level of the criminal justice system”.
His lawyer, Emily Bolton, director of legal charity Appeal, told the paper that if he were awarded compensation, an arcane system meant it would be “years” before he could receive the money.
Speaking outside the High Court last week, she added: 'The question which should trouble everyone is why it took nearly 20 years to get here.”
.
Create an account with the same email registered to your subscription to unlock access.
Keumars Afifi-Sabet is a freelance writer at The Week Digital, and is the technology editor on Live Science, another Future Publishing brand. He was previously features editor with ITPro, where he commissioned and published in-depth articles around a variety of areas including AI, cloud computing and cybersecurity. As a writer, he specialises in technology and current affairs. In addition to The Week Digital, he contributes to Computeractive and TechRadar, among other publications.
-
Magazine interactive crossword - May 3, 2024
Puzzles and Quizzes Issue - May 3, 2024
By The Week US Published
-
Magazine solutions - May 3, 2024
Puzzles and Quizzes Issue - May 3, 2024
By The Week US Published
-
Magazine printables - May 3, 2024
Puzzles and Quizzes Issue - May 3, 2024
By The Week US Published
-
Armed gangs, prison breaks and on-air hostages: how Ecuador was plunged into crisis
The Explainer Gangs launch deadly revenge after president declares state of emergency following escape of feared drug boss from prison
By Harriet Marsden, The Week UK Published
-
The most famous prison breaks of all time
The Explainer Many people have escaped from behind bars over the decades
By Justin Klawans Published
-
Daniel Khalife escape: how secure are UK prisons?
Today's Big Question MPs and experts blame austerity cuts for chronic understaffing, overcrowding and inexperienced guards
By Harriet Marsden Published
-
Daniel Abed Khalife: how did terror suspect escape from Wandsworth prison?
Today's Big Question ‘Gob-smacking’ events raise urgent questions about state of UK’s criminal justice system
By Julia O'Driscoll Published
-
Colin Pitchfork: justice secretary attempts to halt killer’s release
Speed Read The double child-murderer has been in and out of prison following a series of parole decisions
By Rebekah Evans Published
-
What is going on in women’s prisons?
feature Inmate numbers and self-harm cases are rising despite government pledge to improve conditions
By The Week Staff Published
-
Inside FCI Tallahassee: the low-security prison where Ghislaine Maxwell can ‘teach yoga and bake’
In Depth Former socialite convicted of trafficking underage girls not eligible for release until 2037
By The Week Staff Published
-
Twenty years of Guantánamo: can Biden finally close the US prison camp?
In Depth Of 780 total detainees, only 12 have ever been charged, and two convicted
By The Week Staff Published