The Department of Justice has launched a public consultation on proposals to increase maximum compensation for miscarriage of justice victims in Northern Ireland. The primary proposal would raise statutory caps by 30%, aligning the region with recent changes in England and Wales, whilst also seeking views on more fundamental reforms including the possible removal of compensation limits altogether.
The consultation, published on 22 June 2026, invites responses from all interested parties on whether the current maximum awards—£1 million for those imprisoned for 10 years or more and £500,000 for shorter periods—should be increased to £1.3 million and £650,000 respectively.
Proposed 30% Uplift
The Department proposes raising statutory caps by 30% for miscarriage of justice cases. The new limits would mirror those recently adopted in England and Wales: £1.3 million for individuals imprisoned for more than a decade, and £650,000 for all other cases.
These figures reflect changes introduced in England and Wales through the Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025, which came into force on 29 October 2025. That Order raised the Secretary of State’s liability from £1 million to £1.3 million for long-term detention cases and from £500,000 to £650,000 for other cases.
Structural Reform Options
Beyond the 30% uplift, the consultation invites initial views on two broader structural reforms that would require primary legislation:
- A separate statutory maximum award for exceptionally long periods spent in custody
- The removal of statutory maximum awards altogether
Both options would require primary legislation, indicating significant political commitment and legislative time should they garner support.
Recent Reforms
This consultation follows other recent efforts to reform Northern Ireland’s approach to miscarriage of justice compensation. In September 2025, Justice Minister Naomi Long announced that “saved living expenses” would no longer be deducted from compensation payments. This change brought Northern Ireland into line with the rest of the United Kingdom, ensuring that deductions for expenses such as rent or mortgage payments not incurred during imprisonment are removed from assessments.
Minister Long said at the time: “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.
Systemic Challenges
Whilst the proposed uplift represents a nominal increase, critics may note that the caps have remained frozen since their introduction in 2008, meaning the 30% rise merely adjusts for inflation over nearly two decades rather than reflecting the true economic and psychological cost of prolonged wrongful imprisonment.
More significantly, the consultation does not address the stringent eligibility criteria that prevent most applicants from receiving any compensation at all. Since 2014, applicants must prove their innocence “beyond reasonable doubt” to qualify—a test that has led to more than 93% of applicants being denied payments, even when their convictions have been quashed by the Court of Appeal.
The European Court of Human Rights ruled in 2024 that this test was lawful, but dissenting judges noted it was “virtually insurmountable” and highlighted a “highly undesirable attitude towards the presumption of innocence.” Cases such as those of Sam Hallam and Victor Nealon—who served 24 years between them but received no compensation—illustrate how the current statutory scheme often fails those it purports to help.
Figures obtained by BBC News NI in 2019 showed that more than £9 million had been paid to 16 people since 2010, yet 84 people had convictions overturned between 2007 and 2017, suggesting many exonerated individuals receive nothing under the current framework.
Key Questions for Consultation
The consultation raises several important questions for stakeholders:
- Does a 30% uplift adequately compensate for decades of lost earnings, damaged mental health, and reputational harm, particularly when the “beyond reasonable doubt” innocence test excludes the vast majority of applicants?
- Would removing the statutory cap entirely—requiring primary legislation—provide fairer redress for catastrophic failures of justice, or would it expose the public purse to unsustainable liability?
- Should Northern Ireland introduce a distinct compensation tier for exceptionally long periods of wrongful imprisonment (for example, 20 years or more), recognising the unique severity of such cases?
- How will the Department ensure that increased compensation limits translate into actual payments, given the high rejection rates under the current eligibility criteria?
- Will the Department consider aligning its approach with the Law Commission’s ongoing review of criminal appeals and compensation, ensuring coherence across UK jurisdictions?
How to Participate
The Department welcomes responses from all interested parties. The consultation document is available in the consultation section of the Department of Justice website.
Media queries should be directed to the Press Office via press.office@justice-ni.gov.uk or by telephone on 028 9052 6444. The Executive Information Service operates an out of hours service for media enquiries between 1800 hrs and 0800 hrs Monday to Friday and at weekends and public holidays on 028 9037 8110.
The consultation represents a significant opportunity to reform a system that has been criticised as both parsimonious and legally forbidding. Whether the proposed 30% increase represents sufficient progress—or merely a first step toward more substantial reform—will depend on the responses received and the Department’s willingness to address the structural barriers that currently prevent most miscarriage of justice victims from receiving any compensation at all.