§ Mr. MichaelTo ask the Secretary of State for the Home Department (1) if he will make it his policy that facilities and support for those released from prison after a delayed appeal or miscarriage of justice will(a) be generous and immediate and (b) be arranged in a way which leaves the ex-prisoner free to accept or reject what is on offer;
(2) if he will publish standard arrangements to meet the needs of people released from prison after a delay of appeal or miscarriage of justice.
§ Mr. JackI intend that it should remain the case that there should be no compulsion on any person who is released from prison following the quashing of a conviction to accept support, financial or otherwise, from any official body. I am not at present convinced that it would be either practicable or right to attempt to establish comprehensive arrangements on a contingency basis to deal with a category of case that I hope in future will diminish in frequency.
But I believe that compensation should be available in appropriate cases. That is the case now. Thus, under section 133 of the Criminal Justice Act 1988, my right hon. and learned Friend may authorise payment of compensation in the case of a convicted quashed on an appeal out 439W of time where a new or newly discovered fact has arisen which shows beyond reasonable doubt that a miscarriage of justice has occurred. Moreover, he may also offer ex-gratia payments from public funds in other exceptional circumstances; the criteria which he considers in such cases were set out by my right hon. Friend the Member for Witney (Mr. Hurd) on 29 November 1985, Official Report, columns 689–90.
A successful appellant is under no obligation to apply for compensation or to accept any offer of compensation. The amount of any award of compensation is determined according to the assessment or advice of an independent assessor who applies principles analogous to those governing the assessment of damages for civil wrongs. Subject to the agreement of the assessor, an interim payment may be made.
§ Mr. MichaelTo ask the Secretary of State for the Home Department if he will undertake a study of former hostages and the problems they have experienced as part of research to determine the facilities needed for ex-prisoners released from gaol after a delayed appeal or miscarriage of justice.
§ Mr. JackI have no present plans to do so. Our current research programme does. not enable us to undertake the study suggested.
§ Mr. MichaelTo ask the Secretary of State for the Home Department if he will undertake an investigation into the experience of prisoners released from goal after a delayed appeal of miscarriage of justice and publish a report identifying the common problems they have experienced.