Andrew Malkinson: Living costs for wrongfully convicted unfair - PM

Andrew Malkinson was cleared of a rape after a long legal battle

Downing Street says the prime minister does not believe it is fair that victims of miscarriages of justice should have to pay back living costs for their time in jail.

The comments come after it emerged a man who wrongly spent 17 years in prison may have money deducted from any compensation he might receive.

Andrew Malkinson, 57, was last week cleared of rape after a long battle.

A spokeswoman for Rishi Sunak said he was trying to establish the facts.

She said that while there was an independent process, "in principle, for someone who is wrongly convicted, I don't think the prime minister thinks it would be fair for them to have to repay costs."

She added: "He has been speaking with the Home Office and with others in government to establish the facts and ensure that the approach is right and fair."

A spokeswoman for Rishi Sunak said he was trying to establish the facts

Under existing rules, savings made on living costs while in prison can be deducted from compensation.

The maximum payment in cases where someone has been in jail for more than 10 years is £1m.

The rules date back to a decision made in 2007 by the House of Lords.

The government has no plans for any changes but keeps all laws under review.

Senior Conservative MP Sir Bob Neill is among those who have urged ministers to change the rules, which he said are "just wrong".

In 1997, convictions against cousins Vincent and Michael Hickey for the murder of Carl Bridgewater at a farm near Stourbridge in 1978 were found to be fundamentally flawed.

Michael Hickey was subsequently awarded £1.2m and Vincent Hickey £550,000 but, in each case, a 25% deduction was made from the part of their compensation that reflected loss of earnings while in prison..