HC Deb 23 January 1986 vol 90 cc237-8W
Mr. Michael Forsyth

asked the Secretary of State for Scotland if he will make a statement with regard to the payment of compensation to persons who have been wrongly convicted of criminal offences.

Mr. Rifkind

There is no statutory provision for the payment of compensation from public funds to persons whose convictions are quashed on appeal, or to those granted free pardons by exercise of the royal prerogative of mercy. For many years, however, it has been the practice for the Secretary of State, in exceptional circumstances, to authorise ex gratia payments from public funds to persons who have been detained in custody as a result of a wrongful conviction.

I remain prepared to pay compensation to all such persons where this is required by our international obligations. The International Covenant on Civil and Political Rights (article 14.6) provides: When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed, or he has been pardoned, on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

I am, moreover, prepared to pay compensation to people who do not fall within the terms of the proceeding paragraph, but who have spent a period in custody following a wrongful conviction or charge, where I am satisfied that this has resulted from serious default on the part of a member of a police force or of some other public authority; and there may be exceptional circumstances that justify compensation in cases outside these categories. I will not, however, be prepared to pay compensation simply because at the trial or on appeal the prosecution was unable to sustain the burden of proof beyond reasonable doubt in relation to the specific charge that was brought.

It has been the practice since 1957 for the amount of compensation to be fixed on the advice and recommendation of an independent assessor who, in considering claims, applies principles analogous to those on which claims for damages arising from civil wrongs are settled. Although successive Secretaries of State have always accepted the assessor's advice, they have not been bound

1985 1984
School meals Number As percentage of pupils present Number As percentage of pupils present
Pupils present on census day 752,073 756,735
Pupils taking school meals—
On payment 182,255 24.2 182,455 24.1
Free 136,669 18.2 129,335 17.1
Total 318,924 42.4 311,790 41.2
Pupils bringing own food 75,951 10.1 77,266 10.2

to do so. In future, however, I shall regard any recommendation as to amount made by the assessor in accordance with those principles as binding upon me.

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