A List of Shame:
The abolition of the Discretionary Scheme to compensate some victims of miscarriages of justice in April 2007 punished the innocent further. Were such cases to occur now, the Cardiff Three (Yusef Abdullahi, Stephen Miller and Tony Paris) would not be compensated. They would have to sue the police. Even the fact that real murderer, Jeffrey Gafoor, pleaded guilty in 2003 and insisted that he acted on his own would not make them eligible for compensation.

Jonathan Jones was wrongfully convicted of the murder of Harry and Megan Tooze in the 1990s. His convictions were quashed almost three years after his arrest. He has yet to be compensated or receive an apology. Ivan Fergus has a rare distinction. He eventually won his freedom with the ringing endorsement of the Court of Appeal, which declared him 'wholly innocent.' Inadequate, wretched, legal representation resulted in his wrongful conviction, aided by a woeful prosecution and judicial error. There was plenty of blame to be shared round the criminal justice system, but Fergus still faced a fight for compensation. Were such a case to occur now the fight for  compensation would be even harder even though there is no doubt about exoneration.

Under the Discretionary Scheme, the most vulnerable had a safety net if they did not meet the requirements of the Statutory Scheme. A challenge by several people who could have received compensation previously, supported by six law firms, failed. It was not pursued to the European Court of Human Rights. So some undoubtedly innocent victims of miscarriages of justice get nothing – not even an acknowledgement of innocence.

Others are not even acknowledged as victims of miscarriages of justice because they were not wrongfully convicted. This is an absurd definition that excludes people like Colin Stagg despite unequivocal proof of his innocence – the conviction of the real killer of Rachel Nickell, Robert Napper.

Injustice:
The abolition of the Discretionary Scheme means that even clear evidence of innocence is no guarantee of being entitled to compensation any more, Is this not shameful – a national disgrace even – that victims of gross miscarriages of justice are left without redress? The Assessor demands exoneration, but the criminal justice system does not provide the means to achieve that. The Court of Appeal decides whether a conviction is safe, not whether the appellant is innocent, so how can an appellant be exonerated?

As the list of shame in Part Two establishes, even proof positive of innocence – vindication – is no guarantee of compensation. So what does the coalition government plan to do to redress the wrongs caused by the previous government's mean-spirited attempts to make the innocent pay with more than just their liberty for the wrongful accusations that ruined their lives?

Policy:
The independent peer, Lord Laird, wanted to find out, so he asked the government: “whether they will restore the discretionary scheme for compensation to prevent the suffering of victims of miscarriages of justice that do not qualify under the statutory scheme?” Less than a week later Lord McNally, a Minister in the Justice Department and Leader of the House of Lords, responded on behalf of the government. “The discretionary compensation scheme was abolished on 19 April 2006 by the then Home Secretary and the coalition Government have no plans to reintroduce it. We will continue to consider applications for compensation under the statutory scheme, Section 133 of the Criminal Justice Act 1988, which fully meets our international obligations.”

This means that Phillip Skipper, the original for defendants in the Damilola Taylor trial of 2002 and arguably Hassan Jihad (acquitted after standing trial with Preddie brothers), John and Ronnie Actie and Colin Stagg would not qualify for compensation now. All of them are not only exonerated but vindicated. The real perpetrators have even been caught and convicted in those cases.

The Cardiff Three were freed after their first appeal. They were compensated under the Discretionary Scheme. They would not now be compensated, which means they would have no option but to sue the police for compensation – an absurd false economy as legal fees on both sides spiral out of control. Common sense and natural justice could provide a fair and just solution for a fraction of the price. Instead, the current government, despite its protestations, shows itself to be the son of New Labour – equally mean-spirited to the victims of miscarriages of justice. It is a shameful way to treat people wronged in society's name.