By what means people who have been wrongfully convicted can claim compensation; how many applications for compensation there are at each st…

Section 133 of the Criminal JusticeAct 1988 provides that Scottish ministers shall pay compensation in cases wherea conviction is reversed on the ground that a new or newly discovered fact showsbeyond reasonable doubt that there has been a miscarriage of justice. There mayalso be exceptional circumstances that justify compensation in other cases. The amount of compensation paid is determined on the adviceand recommendation of an independent assessor, based on a memorandum prepared bythe Justice Department, compiling information submitted by the applicant, otherrelevant papers and taking account of comments from the applicant. In consideringclaims, the assessor applies principles analogous to those on which claims for damagesarising from civil wrongs are assessed. The assessor also has the power to recommendinterim payments to applicants where they provide evidence of immediate need.
The following information showsthe number of applications at each stage in the process:
Number of Applications:
| 8

Eligibility Determined:
| 5

Memorandum Agreed:
| 3

Interim Payment Applied For:
| 1

Interim Payment Made:
| 1

Assessor Determining Final Payment:
| 3


Generally we would expect tosubmit a successful claim for compensation to an assessor within three to four monthsof receipt of an application. Such a target can only be indicative however as thecircumstances of each case vary greatly. The time taken for other stages also variesaccording to the complexity of the case and any delays which arise as a result ofnecessary background documentation being requested from the applicant or their agent.