§ Ms. AbbottTo ask the Secretary of State for the Home Department if, for each of the last four years, he will list the sums of money that have been paid by his Department as compensation for miscarriages of justice involving wrongful imprisonment; and for each sum if he will give the length of the term of imprisonment served.
§ Mr. John PattenThe following information relates to payment of compensation in respect of imprisonment as a result of wrongful conviction, and is based upon the date on which the final payment of compensation was made. A number of interim payments, pending final assessment of compensation, have also been made during the period. The amounts shown are inclusive of any previous interim award.
Year Amount of compensation paid in resolved cases £ Period of detention in custody 1987 23,830 15½ months 38,100 6½ years 20,850 2½ years 34,350 3 years 2,449 1½ months 10,701 12 months 1,342 1 month 30,656 21 months 1988 25,357 2¾ years 18,604 16 months 12,000 13½ months 5,805 2 months 10,425 15 months 30,709 6 months 8,230 3 months 6,345 4½ months 6,344 3 months 2,494 2 weeks 7,125 7 months 1990 7,650 3 months 33,750 17 months 17,315 20 months 6,156 3 months 8,250 7 months
§ Ms. AbbottTo ask the Secretary of State for the Home Department what criteria he uses when considering whether to recommend the royal prerogative of mercy to grant a remission of sentence(a) on grounds affecting the original sentence and (b) on other grounds.
§ Mr. John PattenMy right hon. Friend considers recommending the exercise of the royal prerogative of 7W mercy in cases where (a) the sentencing court were unaware or misinformed about matters which may have affected the sentence, no avenue of appeal exists and it is not possible or appropriate to refer the matter to the Court of Appeal; and (b) where developments subsequent to the sentence and unconnected with the circumstances of the conviction suggest that special remission should be granted as an act of mercy, for example where a prisoner suffers from a terminal illness or gives valuable assistance to the authorities.
§ Ms. AbbottTo ask the Secretary of State for the Home Department what criteria are used in assessing the quantum of compensation payable for miscarriages of justice(a) under section 133 of the Criminal Justice Act 1988 and (b) on an ex-gratia basis where there has been misconduct or default by the police or some other agency of the criminal justice system.
§ Mr. John PattenThe amount of compensation to be paid under both the statutory and ex-gratia schemes is decided on the advice of an independent assessor experienced in the assessment of damages. In making his assessment the assessor applies principles analogous to those governing the assessment of damages for civil wrongs. The assessment takes account of both pecuniary and non-pecuniary losses arising from the conviction and/or loss of liberty. The assessor also has regard, where appropriate, to the extent to which the circumstances leading to the wrongful conviction or charge might have been attributable to any action, or failure to act, by the police or other public authority.