Man wrongly jailed for rape will not pay for 'board and lodgings' in jail

05 August 2023 , 23:01

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Andrew Malkinson in Holland yesterday

The man who spent 17 years locked up for a rape he did not commit will not have to pay for his “board and lodgings” in jail after all.

Andrew Malkinson won a historic legal victory yesterday as the government scrapped the controversial policy for all cases with immediate effect. There was public outrage that Mr Malkinson, 57, faced deductions of tens of thousands from his future compensation to pay the state for his living costs while wrongly incarcerated.

The swift about-turn follows a review by Justice Secretary Alex Chalk, who said on announcing the move yesterday: “This common sense change will ensure victims do not face paying twice for crimes they did not commit.” On hearing the news, Mr Malkinson said: “The scrapping of this unjust rule is the first of many changes we need in our justice system to protect the innocent. No one should have to suffer what I’ve been through, so I hope Alex Chalk won’t stop here.”

Mr Malkinson outside the Royal Courts of Justice in London (PA)

The change of policy is not believed to be retrospective, and last night there were calls for the state to pay back thousands previously deducted from payments to wrongly jailed people. These include cousins Vincent and Michael Hickey, two of the “Bridgewater Four” wrongly convicted of the murder of a young paperboy in 1978. They protested at losing a quarter of their compensation for prison board and lodgings when freed 19 years later, but still had to pay it.

Mr Malkinson, from Grimsby, north Lincs, was cleared by the Court of Appeal last week, 20 years after he was wrongly arrested and jailed for a rape in Salford, Greater Manchester. The court heard that DNA evidence has put someone else in the frame. He could now get up to £1million in compensation for the miscarriage of justice. Under the old rules, assessors could deduct cash for “saved expenses” such as rent or mortgage payments not incurred while locked up.

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Justice Secretary Alex Chalk (PA)

Last week Mr Malkinson travelled to Amsterdam after revealing he wanted to renounce his UK citizenship and become a Dutch national. His lawyer Emily Bolton, of the charity Appeal, said: “Andy has succeeded in getting this insulting compensation rule scrapped.

“But too many wrongly convicted people are denied compensation altogether because of a restrictive test which flies in the face of the presumption of innocence. Even if Andy got the maximum amount for each year wrongly imprisoned it would be nearly 30 grand less than an MP’s salary.”

Patrick Hill