What’s the Price of a Life Wrongly Spent in Prison?
- Lindsay Conchar - Scots Law Talks
- Jul 21
- 2 min read
Wrongful Imprisonment in Scotland: What is the Compensation Cap?
A recent BBC article has drawn attention to the financial cap on compensation for wrongful imprisonment in England and Wales. But what about Scotland? Does it offer more generous compensation? The short answer: no. Here's a breakdown of how compensation works for miscarriages of justice north of the border.
£500,000 or £1 Million? The Cap Explained
In Scotland, compensation for wrongful conviction is governed by the Criminal Justice Act 1988, and the caps are the same as those in England and Wales:
Up to £500,000 for individuals imprisoned for less than 10 years
Up to £1 million for those who served more than 10 years
You can read more about the scheme on the mygov.scot official guidance page.
How Many Are Compensated?
Scotland has paid out over £12 million in wrongful conviction claims since 2000, with around 19 individuals receiving compensation. The average time spent in prison in these cases is about 8 years. You can see a breakdown in this Scottish Government FOI response dated 2019.
However, recent years have seen a dramatic drop in awards. Between 2018 and 2024, the figure dropped to around £2 million, reflecting how difficult it is to qualify under the current system. This is discussed in a helpful Commons Library research briefing.
Why It's So Hard to Qualify
To receive compensation in Scotland, a person must prove their innocence to a high threshold, introduced in 2014 – showing beyond reasonable doubt they did not commit the crime. As a result, very few people are successful in applying. This system has drawn criticism for being overly restrictive. For more on the controversy surrounding this burden of proof, The Guardian provides an overview in this article.
The Andrew Malkinson Case: A UK-Wide Perspective
In England, Andrew Malkinson served 17 years for a crime he didn’t commit. Under current rules, he's eligible for the maximum £1 million payout – about £50,000 per year of lost freedom. The scale of injustice and the limited compensation available have sparked calls for reform across the UK. You can read about his case here.
A System Under Review?
There is growing pressure to reassess how compensation is handled in wrongful conviction cases. Law reform bodies have questioned whether the current system is fair, particularly when it comes to the heavy burden of proof. Change may come, but for now, Scotland's cap remains aligned with the rest of the UK.
If you work in criminal justice, education or advocacy, these figures matter. They reflect not only financial realities but also the challenges faced by people trying to rebuild lives wrongly taken from them.
Let us know your thoughts: Is the cap fair? Is it time for reform? How much would you want for a life spent behind bars when you were innocent?
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