Toby Wilton comments on injustices highlighted by client Andrew Malkinson on BBC

4 Jan 2024

Toby Wilton has been quoted in the media expanding on issues raised by his client Andrew Malkinson during the latter’s guest editorship of BBC Radio 4’s Today programme.

Andrew – who spent 17 years in jail for a crime he did not commit – used his editorship to highlight the lack of adequate compensation arrangements for the victims of miscarriages of justice. Under the statutory compensation scheme for miscarriages of justice, individuals whose convictions have been quashed must effectively prove their innocence twice.

Toby Wilton told The Justice Gap how the hurdles to adequate compensation for injustice do not stop there.

If [an individual] is accepted onto the scheme and is granted an interim payment (not guaranteed under the current rules), he would lose the legal aid he needs to pursue his civil claim against those responsible“, Toby said.

Worse still, since 2008, compensation under the statutory scheme in cases like his has been capped at £1million. £1m in 2008 is £1.75m today. Although the statute allows the Lord Chancellor to increase this cap, this has never been done.”

Here is the full Justice Gap article and here are the edited highlights of Andrew’s guest editorship of Today.



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