Miscarriage of justice: compensation claim form

You can apply for compensation for a 'miscarriage of justice'  if you've been wrongfully convicted of or charged with a crime.

There are two compensation schemes for miscarriage of justice: the statutory scheme and the ex gratia scheme.

Statutory scheme

You may be able to claim compensation if you've been convicted or a crime and:

• your conviction has been reversed on appeal
• your appeal was successful because a new fact shows beyond reasonable doubt that there has been a miscarriage of justice

Ex gratia scheme

You may be able to claim compensation if you have spent time in custody because of a wrongful charge or conviction and:

• the police or other public authority did something seriously wrong that led you being charged with, or convicted of, a crime 
• there were exceptional circumstances that that justify the payment of compensation.

The attached application form includes guidance on how to apply. 

Return the form and any supporting documents to:

The Scottish Government
Criminal Law and Practice Unit
Criminal Justice Division
St Andrew's House
Edinburgh
EH1 3DG

Miscarriage of justice: compensation claim application form

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Word document

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