Brian Buckle, who was falsely convicted of sex offenses and spent over five years in prison, has been rejected for state compensation. His claim was denied because of a 2014 legal change that requires individuals seeking compensation for wrongful convictions to prove their innocence, a standard considered difficult to meet in cases lacking definitive DNA or CCTV evidence. Previously, compensation was awarded if a jury could not have convicted the individual based on the evidence presented.
Buckle's conviction was overturned in a retrial after new witnesses and forensic evidence were heard, which would have made him eligible for compensation under the prior law. However, the current legislation, enacted in 2014, shifts the burden of proof, making it nearly impossible for individuals like Buckle to receive compensation. "If you were to ask me to draft a piece of legislation that would ensure that almost everybody was turned down for compensation, I'd draft something similar to this (current law)," said an unnamed source, who described the law change as intentional and aimed at reducing the burden on taxpayers.
Miscarriages of Justice and Compensation Reforms
The issue of compensation for miscarriages of justice has become increasingly contentious. In 2024, the Law Commission was tasked by the UK government to review criminal appeals, including compensation for the wrongly convicted. Provisional proposals released in February 2025 suggested reversing the 2014 law change, advocating for a standard of proof based on the balance of probabilities rather than beyond a reasonable doubt.
Due to significant public interest, the Law Commission has prioritized the section on compensation, with findings expected to be published by the end of 2026. Buckle and others affected by the current law hope for retrospective application of any changes. The Ministry of Justice stated it would consider the Law Commission's review before taking action.
This case echoes other high-profile miscarriages of justice. The Post Office Horizon scandal, described as one of the UK's most widespread miscarriages of justice, has led to multiple compensation schemes for victims who would not have qualified under the scheme that rejected Buckle's application. Andrew Malkinson, who served over 17 years in prison for a wrongful rape conviction, also faced destitution while awaiting compensation, describing the system as "not fit for purpose" before eventually receiving an interim payment following extensive media attention.
Elaine Buckle, Brian's wife, stood by him throughout his ordeal. [IMAGE1: Brian Buckle and Elaine Buckle standing in a garden.]
Brian Buckle himself spent considerable effort and funds, reportedly around £500,000, to clear his name. Despite the successful overturning of his conviction, the legal framework has prevented him from receiving financial redress for the injustice he endured. [IMAGE4: Brian Buckle looking towards the camera, wearing glasses and a jumper.]