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.