# What do prisoners falsely accused (and exonerated) get in recompense? **URL:** \ **Category:** Factual Questions\ **Created:** [March 20, 2009, 7:20pm UTC](https://boards.straightdope.com/t/what-do-prisoners-falsely-accused-and-exonerated-get-in-recompense/490202 "2009-03-20T19:20:02Z")\ **Posts on this page:** 5\ **Page:** 2
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [March 23, 2009, 12:11pm UTC](https://boards.straightdope.com/t/what-do-prisoners-falsely-accused-and-exonerated-get-in-recompense/490202/21 "2009-03-23T12:11:47Z")
In England and Wales there is something called the [Odgen Tables](http://en.wikipedia.org/wiki/Ogden_tables) which are used in Fatal accidents and Personal Injuries case to calculate how much the person would have earnt had the accident not occured. Its a graded system with allowances for a persons level of eductaion, age, prospects of promotion etc. I think something similar would be used in prisoner companation cases. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 23, 2009, 2:03pm UTC](https://boards.straightdope.com/t/what-do-prisoners-falsely-accused-and-exonerated-get-in-recompense/490202/22 "2009-03-23T14:03:14Z")
> [@AK84](#): > > Its simple; **Double Recovery** which is forbidden under the law of England and Wales. You can only recover for what you actually lost. He was given free board and lodge while in prison, he would have had to pay for those himself if he had been out. So what happens if he defaults on his mortgage while he’s locked up? Does the Crown buy his house back for him? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [March 23, 2009, 2:18pm UTC](https://boards.straightdope.com/t/what-do-prisoners-falsely-accused-and-exonerated-get-in-recompense/490202/23 "2009-03-23T14:18:03Z")
> [@Really\_Not\_All\_That\_Bright](#): > > So what happens if he defaults on his mortgage while he’s locked up? Does the Crown buy his house back for him? There is authority for compensation for that. Here is a description of the system from the O’brien case, linked above: > [@](#): > > 1. The background to the current statutory scheme is described in In re McFarland [2004] UKHL 17, [2004] 1 WLR 1289, paras 8-9, 22, and R (Mullen) v Secretary of State for the Home Department [2004] UKHL 18, [2005] 1 AC 1, paras 5-6, 25-29, and it is unnecessary to repeat that summary. The right to compensation is contained in section 133 of the Criminal Justice Act 1988 which provides, so far as relevant: > > The Criminal Appeal Act 1995, by section 28, inserted a new subsection to follow subsection (4): > > ``` > "(4A) In assessing so much of any compensation payable under this section to or in respect of a person as is attributable to suffering, harm to reputation or similar damage, the assessor shall have regard in particular to— > > (a) the seriousness of the offence of which the person was convicted and the severity of the punishment resulting from the conviction; > > (b) the conduct of the investigation and prosecution of the offence; and > > (c) any other convictions of the person and any punishment resulting from them." > > ``` > > The Home Office routinely issues a “Note for Successful Applicants” which explains but does not of course purport to modify the terms of the statute. Paragraphs 5-7 are relevant for present purposes: > > ``` > "5. In reaching his assessment, the assessor will apply principles analogous to those governing the assessment of damages for civil wrongs. The assessment will take account of both pecuniary and non-pecuniary loss arising from the wrongful charge or conviction and/or loss of liberty, and any or all of the following factors may be relevant according to the circumstances: > > 5.1 Personal pecuniary loss > > (a) loss of earnings as a result of the charge or conviction (to be supported by best available documentary evidence, together with details of any State benefits received during the same period); > > (b) loss of future earning capacity; > > (c) legal costs incurred; > > (d) additional expenses incurred, eg for travelling, in consequence of detention, including such expenses incurred by the claimant's immediate family. > > 5.2 Non-pecuniary loss > > Damage to character or reputation; hardship, including mental suffering; injury to feelings, and inconvenience. > > 6. When making his assessment, the assessor will take into account any expenses, legal or otherwise, incurred by the claimant in reversing his conviction, or pursuing the claim for compensation. In submitting their observations solicitors should state, as well as any other expenses incurred by the claimant, what their own itemised costs are, to enable them to be included in the assessment. > > 7. In considering the circumstances leading to the wrongful charge or conviction the assessor will also have regard, where appropriate, to the extent to which the situation might be attributable to any action, or failure to act, by the police or other public authority, or might have been contributed to by the claimant's own conduct. Although the amount awarded will take account of this factor, it will not include any element analogous to exemplary or punitive damages. The assessor will also have regard to any other convictions of the claimant and any punishment resulting from them." > > 10. Section 133 was enacted to give domestic effect to article 14(6) of the International Covenant on Civil and Political Rights, which the United Kingdom is bound in international law to observe. It provides: > > "When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him." > > ``` > > This paragraph bears a very close affinity to article 3 of the 7th Protocol to the European Convention on Human Rights, by which the United Kingdom is not bound. Counsel for the appellants made submissions on the meaning of “according to law” in article 14(6), but in my opinion these words are plainly directed to ensuring that the right to compensation is governed by law and not discretion: UN Human Rights Committee, General Comment No 13, 13 April 1984. This is achieved by section 133 since, although the question whether there is a right to compensation is to be determined by the Secretary of State, a determination adverse to an applicant will be challengeable on familiar public law grounds. > > ``` > 11. The award of compensation under section 133 does not prevent an applicant pursuing any civil claim which he may have as a result of his wrongful conviction and punishment (although double recovery will be prevented), but nor does the right to compensation in any way depend on the existence or proof of any delictual wrong recognised by the law. Wrongful conviction and punishment may and often are the result of delinquency on the part of public officials or others, but this is not necessarily so. The Secretary of State makes payment out of public funds to victims of miscarriages of justice not because he or his officials are or are treated as being wrongdoers, but because such victims are recognised as having suffered what may (as here) be a great injury at the hands of the state and it is accepted as just that the state, representing the public at large, should make fair recompense. > > ``` [http://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd070314/obrien-1.htm](http://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd070314/obrien-1.htm) ---
**Author:** ![guizot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guizot/32/3636_2.png) [@guizot](https://boards.straightdope.com/u/guizot)\ **Post date:** [March 31, 2009, 6:52pm UTC](https://boards.straightdope.com/t/what-do-prisoners-falsely-accused-and-exonerated-get-in-recompense/490202/24 "2009-03-31T18:52:53Z")
[This guy](http://www.theonion.com/content/video/dna_evidence_frees_black_man?utm_source=a-section) got only an apology after serving 12 years for being falsely convicted of committing a bear attack. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [April 1, 2009, 2:37am UTC](https://boards.straightdope.com/t/what-do-prisoners-falsely-accused-and-exonerated-get-in-recompense/490202/25 "2009-04-01T02:37:28Z")
> [@Gfactor](#): > > I reviewed this topic here: [Do the wrongfully imprisoned get compensation? - The Straight Dope](http://www.straightdope.com/columns/read/2262/do-the-wrongfully-imprisoned-get-compensation) > > They’ve got charts and stuff here, too: [http://www.innocenceproject.org/news/LawView1.php](http://www.innocenceproject.org/news/LawView1.php) Good stuff. Here are some more (scroll down; there are several state-by-state grids): [WELCOME TO CRIMINAL JUSTICE POLICY COALITION](http://www.cjpc.org/rest_other_states.htm#chart3) [Previous page](https://boards.straightdope.com/t/what-do-prisoners-falsely-accused-and-exonerated-get-in-recompense/490202.md?page=1)