UK lifts miscarriage of justice caps to £1.3m on 29 Oct
If your conviction has been quashed and you’re exploring compensation, a key change has just landed. The government has raised the maximum awards available under the statutory miscarriage of justice scheme. For the longest wrongful imprisonment cases the cap rises to £1.3 million; in all other eligible cases it goes to £650,000. Ministers first flagged a 30% uplift in July and the Order is now in force. The Ministry of Justice says this applies across the main scheme and the armed forces system.
Before we go further, let’s pin down eligibility. In England and Wales, compensation under section 133 of the Criminal Justice Act 1988 is only available where a new or newly discovered fact led to your conviction being overturned and shows, beyond reasonable doubt, that you did not commit the offence. You usually have two years from the date your conviction was reversed or you were pardoned to apply. The Secretary of State decides eligibility and, if successful, an independent assessor sets the amount. That’s the statutory test and process set out on legislation.gov.uk and in Ministry of Justice guidance.
So what exactly changed? The new Order lifts the overall compensation caps used by the Secretary of State to £1,300,000 for cases involving 10 years or more in custody and £650,000 for other cases. The same increases apply to wrongful conviction cases decided under the Armed Forces Act 2006 after a Court Martial. The Ministry of Justice confirmed the 30% uplift and Parliament’s instrument page records that the change is made by statutory order.
If you’re wondering who qualifies for the higher £1.3m cap, the law explains it. Section 133B says it applies where you’ve been in “qualifying detention” for at least 10 years by the time your conviction is quashed or a pardon is given. Qualifying detention can include prison, time in hospital linked to the conviction, or relevant periods on remand. That definition matters when assessors calculate your award.
For applicants in England and Wales, you apply to the Miscarriages of Justice Application Service (MOJAS). The guidance sets out what documents to provide and how cases are prioritised. If your application is late, it may still be considered in truly exceptional circumstances, but the two‑year time limit is the default. Think of this as an after‑appeal process with a very specific legal test, rather than an automatic payment.
Northern Ireland runs its own process through the Department of Justice. In September, the Justice Minister removed “saved living expenses” deductions, which previously reduced some awards; that change applies to new applications. The Department’s update still states the maximum payouts there remain £1 million for 10 or more years in custody and £500,000 for up to 10 years, unless the UK Secretary of State is the decision‑maker on national security grounds, in which case the new caps apply.
Scotland is different again. Scottish Ministers administer both the statutory scheme under section 133 and a long‑standing ex gratia scheme. Scottish government materials explain that, unlike England and Wales, Scotland has no fixed overall cap on statutory awards and allows up to three years to apply; the ex gratia route is available in tightly defined circumstances where serious official error or exceptional factors are shown. This is one reason you’ll see Scotland discussed separately in UK briefings.
How are amounts worked out in practice? The assessor looks at the seriousness of the wrongful conviction, the harm to you, and your losses. They can reduce an award for conduct that contributed to the conviction or because of other convictions. One rule that hasn’t changed is the “earnings cap”: compensation for lost earnings per year is limited to one and a half times the latest median annual gross earnings published by the Office for National Statistics.
A quick reading tip for law students and teachers: statutory instruments often include “commencement” and “transitional” paragraphs. Here, the Order takes effect immediately and includes transitional provisions so that the new limits apply not just to fresh applications but also to cases still awaiting an assessor’s decision on the amount. If your award has already been assessed and finalised, that sits under the old limits.
One more change that helps day‑to‑day. Since 22 July 2025, miscarriage of justice compensation is disregarded for means‑tested benefits such as Universal Credit and Pension Credit. That means your award should no longer push you over savings thresholds for those benefits. The Department for Work and Pensions has published a policy note explaining the change.
It’s also important to be realistic. The legal threshold in England and Wales is very high and has been upheld by UK courts and the European Court of Human Rights: many people cleared by the Court of Appeal do not meet the “did not commit the offence” test for compensation. That context sits behind the government’s decision to raise the cap for those who do qualify.
If you’re supporting a student project, teaching a citizenship class, or considering a claim yourself, here’s the takeaway. The caps are now higher, the benefits disregard is in place, and some nations of the UK take a different approach to limits and deadlines. Your next step is to check the exact route that applies to you, gather the fresh‑evidence paperwork from your appeal, and use the official application guidance to avoid delays.