Appeal court wrongful conviction decisions: FOI release

Information requested

1. How many cases between 2018 and 2022 that have been sent to the Appeal Court have resulted in decisions of miscarriage of justice?

2. As a result, how many people have been released from prison?

3. How much has been paid in compensation for wrongful imprisonment over that same period?

Response

This information is not collected by the Scottish Government. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

However, you may wish to contact the following organisations who may be able to help you. For Part 1 you may wish to contact The Scottish Courts and Tribunal Service Email: foi@scotcourts.gov.uk and for Part 2 you may wish to contact the Scottish Prison Service Email: SPSFOI@Prisons.gov.scot.

Part 3

The amount paid in compensation between 2018 and 2022 is £1,713,309.40

It should be noted that the statutory compensation scheme at section 133 of the Criminal Justice Act 1988 does not require that someone seeking compensation must have spent a period of time in prison as a result of that wrongful conviction, though the ex gratia scheme is restricted to those who have spent a period of time in custody as a result of wrongful charge or conviction. More information about the two compensation schemes operated by the Scottish Government can be found at: https://www.mygov.scot/compensation-miscarriage-justice/eligibility.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.