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Wrongly convicted prisoners pay board and lodging on release!

(173 Posts)
ixion Thu 27-Jul-23 18:59:45

Mr. Malkinson, freed yesterday after serving 17 years of wrongful imprisonment for a rape he did not commit, indicates that the compensation he may receive could include a deduction for board and lodging.
Yes, honestly.

www.bbc.co.uk/news/uk-66324801

foxie48 Sat 29-Jul-23 18:47:39

Germanshepherdsmum

Why don’t you read the links I’ve posted? Why do people on Gransnet think they know better than the Supreme Court?

Perhaps because we are not bound by legal argument? It is not unusual for the Supreme court to uphold a point of law but suggest it needs changing. They don't make the laws, parliament does that.

Germanshepherdsmum Sat 29-Jul-23 18:48:45

Please don’t blame me for trying to explain how it works!

foxie48 Sat 29-Jul-23 18:51:44

Oreo

It was a policy endorsed by The House Of Lords foxie48

The HOLs can only delay legislation whilst asking for amendments, parliament makes laws.

Dianehillbilly1957 Sat 29-Jul-23 18:52:18

Dispicable. What a way to be treated. Thank god we don't have hangings anymore!!!

Iam64 Sat 29-Jul-23 19:02:22

I’m relieved this man has been released from his life licence. The Judge made clear he was innocent.

His case is very different from those where a legal technicality enables a rapist to walk amongst us

BazingaGranny Sat 29-Jul-23 19:18:13

This appalling rule that people serving prison sentences and are then found innocent need to retrospectively pay for their ‘board and lodging’ seems Dickensian at the very least. It seems to add terrible insult to unjustly.

PS here is Judge Robert Rinder’s view

Germanshepherdsmum Sat 29-Jul-23 19:31:17

Don’t you think he’s just looking to be popular?
I’m truly amazed that people here don’t understand the concept of not deducting living expenses amounting to a double payment by the taxpayer.

foxie48 Sat 29-Jul-23 19:41:52

Germanshepherdsmum

Don’t you think he’s just looking to be popular?
I’m truly amazed that people here don’t understand the concept of not deducting living expenses amounting to a double payment by the taxpayer.

That's rather patronising, I absolutely understand that concept as I am sure most other posters will too. Fortunately, I think most of us are rather less interested in getting our taxes back than ensuring that people are dealt with humanely and
fairly because we are a civilised society and recognise when others have suffered injustice.

Germanshepherdsmum Sat 29-Jul-23 19:47:04

Whatever you do or don’t like about it, the law is the law.

foxie48 Sat 29-Jul-23 19:50:15

Germanshepherdsmum

Whatever you do or don’t like about it, the law is the law.

I was replying to your assumption that people didn't understand the concept and I am totally aware that the law is the law, again rather patronising!

Germanshepherdsmum Sat 29-Jul-23 20:00:11

Some very clearly do not understand the concept of compensation. Nor do some understand that a finding of an unsafe decision is not a finding of innocence- no matter how many times I say that some, such as BazingaGranny just don’t understand that.

Callistemon21 Sat 29-Jul-23 20:02:25

Germanshepherdsmum

Don’t you think he’s just looking to be popular?
I’m truly amazed that people here don’t understand the concept of not deducting living expenses amounting to a double payment by the taxpayer.

I think we understand the what the law is and understand the reasoning behind it.
Perhaps we just think it unreasonable. 🙂
How does anyone know just how much a wrongly convicted person might have earned when they were imprisoned?

Robert Rinder doesn't need to try to make himself popular.
He already is!!

How do they calculate these costs? Do they get a deduction if their cell is freezing or the food is inedible?
What is the rent on a cell per month?

Whitewavemark2 Sat 29-Jul-23 20:08:21

You don’t forcibly wrongly imprison someone, then charge them for the privilege 😄😄 it is just plain wrong.

Germanshepherdsmum Sat 29-Jul-23 20:23:09

How many times must I say that a finding of unsafe conviction is not a not guilty verdict?

Living expenses paid by the taxpayer are deducted from compensation calculated by an independent assessor. I have posted links which explain why this is and don’t intend to argue the point further. Whether you like the legal position or not, whether or not you think that the appellant’s saving in living costs should be ignored, is not my concern.

Doodledog Sat 29-Jul-23 20:44:25

That's fair enough, GSM; but just as you think that people don't understand the way in which compensation is awarded, people are saying that you don't seem to understand that our view is that however those decisions are arrived at they are extremely unfair.

I think that people do understand what you are saying (why wouldn't we?) but that doesn't mean that we have to agree with it, whether you like that or not.

Iam64 Sat 29-Jul-23 21:02:43

GSM my understanding is that the Court concluded this was a miscarriage of justice. There was no DNA evidence linking Andrew Malkinson to the crime. DNA linked to a man who is on the police data base. The conviction wasn’t unsound on a legal technically. It was found to have been just wrong.
Am I reading the news reports incorrectly.

I’m aware of more than one rape conviction overturned on a technically, resulting in dangerous men being seen as having been proved innocent. Andrew Malkinson’s case seems clear cut, it was a miscarriage of justice.

Doodledog Sat 29-Jul-23 21:11:36

Also, I think that when someone has been wrongfully imprisoned, whether that is because of a technicality or because they were wrongfully convicted in the first place, there has to be real compensation, otherwise the message is that it is ok to send people to jail when they are not guilty (whether that means they didn't do it or that there is not enough evidence, but someone has decided that nevertheless they are guilty).

In a legal system largely based on consent, it is important that people believe that they can expect justice.

deedee27 Sun 30-Jul-23 08:04:49

Latest I head was that the Home Secretary said that there were no plans to change the current system regarding the claw back! Absolutely appalling!

Allsorts Sun 30-Jul-23 08:30:14

He won’t have to pay board and lodging, that’s a definite, he’s lost so many years due to injustice, nothing makes up for that though.

foxie48 Sun 30-Jul-23 08:46:16

Allsorts

He won’t have to pay board and lodging, that’s a definite, he’s lost so many years due to injustice, nothing makes up for that though.

Where have you found this confirmed, Allsorts tbh I think it's unlikely but I've yet to find a proper conformation anywhere.

Freya5 Sun 30-Jul-23 08:54:09

foxie48

Germanshepherdsmum

Don’t you think he’s just looking to be popular?
I’m truly amazed that people here don’t understand the concept of not deducting living expenses amounting to a double payment by the taxpayer.

That's rather patronising, I absolutely understand that concept as I am sure most other posters will too. Fortunately, I think most of us are rather less interested in getting our taxes back than ensuring that people are dealt with humanely and
fairly because we are a civilised society and recognise when others have suffered injustice.

Very well said.

foxie48 Sun 30-Jul-23 10:35:08

foxie48

Allsorts

He won’t have to pay board and lodging, that’s a definite, he’s lost so many years due to injustice, nothing makes up for that though.

Where have you found this confirmed, Allsorts tbh I think it's unlikely but I've yet to find a proper conformation anywhere.

Duh confirmation!

Freya5 Sun 30-Jul-23 12:11:10

Pleased to hear Mr Malkinson has decided to return to Holland where he lived for many years before returning back to uk and then being falsely accused of rape. Feels more at home there, than here, no surprise in the circumstances. I wish him good luck for his future.

pascal30 Sun 30-Jul-23 12:30:48

Freya5

Pleased to hear Mr Malkinson has decided to return to Holland where he lived for many years before returning back to uk and then being falsely accused of rape. Feels more at home there, than here, no surprise in the circumstances. I wish him good luck for his future.

Apparently that won't be possible for him as according to him, he can only stay for 90 days as per EU rules. He's hoping concessions will be made so that he can get dual nationailty but that seems unlikely.. Let's hope he can enjoy the rest of his life..

Freya5 Sun 30-Jul-23 15:47:20

pascal30

Freya5

Pleased to hear Mr Malkinson has decided to return to Holland where he lived for many years before returning back to uk and then being falsely accused of rape. Feels more at home there, than here, no surprise in the circumstances. I wish him good luck for his future.

Apparently that won't be possible for him as according to him, he can only stay for 90 days as per EU rules. He's hoping concessions will be made so that he can get dual nationailty but that seems unlikely.. Let's hope he can enjoy the rest of his life..

Yes, exactly, fingers crossed for him.