Guidance

Application for compensation: a general guide

Published 21 March 2025

© Crown copyright 2025

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/applying-for-compensation-after-a-miscarriage-of-justice/application-for-compensation-a-general-guide--2

Payment of compensation

The Secretary of State will pay compensation in certain situations to people whose convictions are overturned at out of time appeals. These situations are explained in Section 133 of the Criminal Justice Act 1988.

If you successfully challenge a conviction due to a miscarriage of justice, you will receive compensation as a tax-free lump sum. For more details, read HMRC’s guidance on compensation payments.

What you’ll need

Where possible, documents to support the application should be attached to the application.

Documents required if appeal heard at Crown Court

  • Certificate of Conviction
  • Memorandum of an Entry / Conviction
  • Appeal to the Crown Court from a Magistrates Court
  • Result of an Appeal
  • Transcript of Appeal / Re-Trial
  • CCRC Statement of Reasons (if applicable)

Documents required if appeal heard at Court of Appeal

  • NG Form
  • Grounds of Appeal
  • Order on the Appeal/Application
  • Court of Appeal Summary
  • Court of Appeal Judgment
  • CCRC Statement of Reasons (if applicable)

If you do not send the requested documents this may delay your application being considered. 

If you do not have the documents available, the miscarriage of justice application service may be able to get these documents from the Criminal Appeal Office or the relevant Crown Court.

How to apply for compensation

You can apply online for compensation.

You can also apply in writing to the Secretary of State by downloading the application form and emailing it to mojas@justice.gov.uk or sending it by post to:

Miscarriage of Justice Application Service
Courts, Criminal and Family Justice Directorate
7th Floor
Post Point 7.23
102 Petty France
London
SW1H 9AJ

How applications are decided

The Secretary of State will consider any application which is made to them under the statutory provisions. Outside of those statutory provisions there is no entitlement to compensation in respect of a quashed conviction.

The application must be made before the end of a period of 2 years beginning with the date on which the applicant has been pardoned or their conviction has been “reversed” (see further below on what this means).

In exceptional cases:

  • the Secretary of State may choose to grant compensation to someone who can demonstrate beyond reasonable doubt they did not commit an offence but who may otherwise not fall within the strict section 133 test

  • the Secretary of State may consider an application made outside 2 year limit. Generally, not being aware of the scheme would not count as exceptional circumstances but each application received out of time would be considered on its own merits.

A caseworker will be assigned once an application is confirmed to have been made under the statutory provisions and the relevant court records are available.

Length of custodial sentence will be considered when allocating cases. Cases where the prison sentence was over 4 years will be prioritised. All other cases will be handled in the order they were received.

Statutory provisions

Compensation is payable under section 133 of the Criminal Justice Act 1988 if both of the following apply:

1. The applicant’s conviction has been “reversed” or they have been granted a Free Pardon.

2. The conviction must have been reversed, or the applicant pardoned, on the ground that a new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence, unless the non–disclosure of this fact was wholly or partially attributable to the applicant.

A conviction is considered to have been “reversed” if it was quashed:

  • on an appeal out of time and the applicant is not to be subject to a retrial
  • on an appeal out of time, and the applicant was subject to a retrial, and the applicant has been acquitted of all offences at the retrial or the prosecution has indicated that it has decided not to proceed with the retrial
  • after the case has been referred to the Court of Appeal by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995
  • on appeal under Section 7 of the Terrorism Act 2000
  • on appeal under Schedule 3 to the Terrorism Prevention and Investigation Act 2011
  • on appeal under Schedule 4 to the Counter-Terrorism and Security Act 2015
  • on an appeal under Schedule 9 to the National Security Act 2023
Back to top