Wrongly convicted Andy Malkinson gets first payout

Mr Malkinson has fought for a £1m compensation cap to be lifted

A man who served 17 years in prison for a rape he did not commit says he was "shaking" when his lawyer told him he had received the first part of a compensation payment.

Andrew Malkinson had his conviction quashed in 2023 after years protesting his innocence, but has waited since then for compensation.

The 59-year-old, who was a security guard working in Salford before his arrest, was wrongly convicted in 2004 and chances to free him were repeatedly missed, leading to one of the worst miscarriages of justice in UK legal history.

Mr Malkinson said he "would hesitate to say that I am grateful... but I am relieved the Ministry of Justice has finally done the right thing to lift me out of limbo with this interim payment."

He said his "hands were shaking" after his lawyer broke the news to him.

"I had to go for a walk to try to take in that I have finally reached this milestone," he said.

He added more needed to be done to make the compensation scheme "fit for purpose".

"No one should have to wait this long to be able to start to rebuild their life, and too many innocent people are being denied compensation altogether."

'He is only just starting to rebuild his life'

Mr Malkinson said the £1m cap on compensation payouts for people who have been in jail for more than 10 years should be lifted.

"The ridiculous 2008 compensation cap which hasn't increased with inflation should be lifted, and people should automatically be accepted onto the scheme if their convictions are quashed."

Toby Wilton from Mr Malkinson's legal team said: "Andy Malkinson's life was shattered when he was sent to prison for more than 17 years for a crime he did not commit. He is only now starting to rebuild it.

"The government should lift the current cap on compensation, and end the twisted quirk that whilst awards under other compensation schemes are excluded from assessment for benefits, Andy now faces the risk of losing his social housing flat just because he has been awarded this money."

It was previously reported that Mr Malkinson was struggling to survive on benefits and had to turn to food banks.

Lord Chancellor and Secretary of State for Justice Shabana Mahmood said: "Andrew Malkinson suffered an atrocious miscarriage of justice, and we have issued an interim payment so he can begin to rebuild his life.

"We are actively considering the concerns he has raised to ensure we are effectively supporting individuals who have suffered a miscarriage of justice."