An innocent man who endured the torment of a wrongful conviction has vocally condemned what he describes as an “unfair and draconian” compensation system that perpetuates the risk of miscarriages of justice affecting anyone. Brian Buckle, who spent five and a half years behind bars after being convicted of rape, found his life irrevocably altered when, in 2017, he was wrongfully found guilty of the heinous crimes against a child, claims he has always denied.

Following a relentless fight for justice, which witnessed Buckle grappling with the trauma of prison, his conviction was eventually deemed unsafe by the Court of Appeal. A retrial featuring new forensic evidence and fresh witnesses led the jury to clear him of all charges in under an hour—yet, despite this exoneration, he has faced rejection from the Ministry of Justice for compensation. Their response acknowledged his innocence but imposed the staggering requirement that he must “prove it beyond reasonable doubt.”

This situation is reflective of significant legislative changes introduced in 2014, which altered the compensation landscape for victims of miscarriages of justice in England and Wales. Under the updated law, individuals not only need to be exonerated but must also substantiate their innocence, a high bar that many former inmates find challenging to meet. Buckle expressed his frustration, stating, “It’s disgusting… they can take you away from your family for five and a half years, and totally disregard what’s happened.”

Buckle’s call for reform resonates with the recent case of Peter Sullivan, whose wrongful conviction for murder was overturned after nearly four decades. Sullivan’s situation epitomises what is possibly the longest-running miscarriage of justice within British history, having spent 38 years in detention for the murder of florist Diane Sindall. Crucially, it was new DNA evidence that ultimately exonerated him, providing irrefutable proof that he was not involved in the crime. Buckle remarked on the injustice Sullivan endured, noting the advancements in DNA technology that were not available during Sullivan’s trial; “It should never have taken until 2025 to establish it was someone else’s DNA,” he said.

The anguish of such injustices extends far beyond the prison walls. Buckle’s experience in the penal system has resulted in severe emotional scars, including PTSD, which haunts his day-to-day life. He articulated the weight of lost milestones, lamenting the birthdays of his daughter that he missed during his incarceration, a loss that remains a heavy burden. The emotional toll inflicted not only on him but on his family cannot be understated; his wife’s family spent their life savings, including selling their house, to secure his legal costs.

Compounding Buckle’s plight is the debate surrounding legal aid in miscarriages of justice, wherein an estimated 60% of defendants who plead not guilty are convicted. A recent announcement by the UK’s Ministry of Justice signalled plans to extend legal aid to everyone regardless of income, though this change will not take effect until 2025—leaving many like Buckle without the necessary support during critical legal battles. There is a growing concern articulated by legal experts that insufficient compensation and legal support can further marginalise those wrongfully convicted, increasing the emotional and financial strain they face in rebuilding their lives.

As Buckle attempts to reintegrate into society, the lingering effects of his wrongful conviction manifest in profound distrust and anxiety. “There’s no way I could go out and work for somebody at the moment because I just want to be home. I don’t like being around people,” he admitted, illuminating the harsh realities faced by those trying to reclaim their lives after incarceration.

In light of these stark realities, Buckle fervently advocates for change, not just for himself but for the potential of others facing the same fate. His story serves as a sobering reminder of the fragility of justice and the urgent need for reform within the compensation system to secure fair redress for victims of wrongful convictions. “I don’t want millions,” he said. “I want recognition of the injustice I suffered and the chance to rebuild my life.”

The Ministry of Justice has acknowledged the significant impact of miscarriages of justice and promises ongoing discussions regarding improvements to the compensation framework. Yet, for individuals like Buckle, the pain of lost years and the struggle for justice loom large, urging society to reconsider its approach to rectifying these past wrongs.


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Source: Noah Wire Services