Welsh miscarriage of justice victim calls for changes to compensation rules

A man who was wrongly imprisoned for more than five years has called for rules around compensation for victims of a miscarriage of justice to change, days after the Court of Appeal quashed the conviction of Peter Sullivan after 38 years.

Brian Buckle was wrongly convicted of several sexual offences in 2017 and was jailed for 15 years but had his conviction quashed at the Court of Appeal in 2022 due to new DNA evidence, and was acquitted after a retrial in 2023.

The 53-year-old, who has since been diagnosed with PTSD, has launched an online petition to change rules around compensation for miscarriage of justice victims, after claiming he would not receive any as he had not proved his innocence beyond a reasonable doubt.

The Ministry of Justice (MoJ) said that victims can be compensated through the Miscarriage of Justice Compensation Scheme and by other means, such as suing public bodies, and that it is due to consider the findings of a Law Commission consultation into criminal appeals.

It comes after Peter Sullivan, the UK’s longest-serving victim of a miscarriage of justice, had his 1987 murder conviction quashed at the Court of Appeal earlier this month after spending 38 years in prison.

‘Every right’

Speaking to the PA news agency, Mr Buckle, from Fishguard in Pembrokeshire, said Mr Sullivan “has got every right” to claim for compensation but expressed concerns about the process through which he could receive it.

He said: “It’s bad enough for me spending the time I have, but for him to spend 38 years in prison, for something he hasn’t done, there are no words for it really.”

He added: “I do think that it will take a long time for him to get it (compensation)… He has got every right to go for it.

“But that’s what my petition is for. I might not get it, but if I can get my petition through to Westminster, this is to change it for everybody going forward.

“I am not being selfish saying ‘this petition is just for me to get compensation’, this petition is for us to change, to make sure that anybody who has been in prison wrongly gets compensation.

“This is not just us, or about us, this is about everybody going through the system, because there needs to be change.”

DNA evidence

Mr Sullivan was acquitted on May 13 after new DNA evidence showed he did not commit the murder of Diane Sindall in Merseyside in 1986, with his case having been referred by the Criminal Cases Review Commission (CCRC).

His lawyers have since said they will support him with any compensation bid, and the Government has pledged to prioritise any application made by him.

Victims of miscarriages of justice can apply for the Government’s compensation scheme if they successfully appealed against their conviction, had it overturned after being referred to the Court of Appeal by the CCRC, or were granted a free pardon.

They must apply within two years, have had their conviction reversed based on a new or newly discovered fact which demonstrates beyond reasonable doubt that they did not commit the offence, and not be responsible for the new information not being available previously.

The House of Commons website states that payouts can range from £250 to £500,000 but applicants who have been imprisoned for at least 10 years can receive up to £1 million.

The law was changed in 2014 so that payments could only be awarded to those who can “prove innocence beyond reasonable doubt”.

Mr Buckle said that after his acquittal, he applied for compensation through the Government scheme supported by his wife Elaine, 59, in 2023.

But he said that around a year after submitting his application, he received a refusal letter which he claimed said he “didn’t meet the statutory test to get compensation”, which he said was a “kick in the teeth”.

He said: “Basically, I’m not innocent enough, even though I have been instantly released from prison by three High Court judges (and) unanimously been found not guilty by 12 jurors.”

Mr Buckle, who has been unable to return to work as a construction manager for a water company, said he had “lost every bit of faith in the justice system” and continues to dream about prison every night.

A Ministry of Justice spokesperson said: “We acknowledge the grave impact miscarriages of justice have and are committed to supporting individuals in rebuilding their lives.

“The Law Commission is currently consulting on the law relating to criminal appeals, including compensation for miscarriages of justice.

“We will consider their findings before deciding on any action in this area.”