Falsely convicted man who spent £500k clearing his name is rejected for compensation
A man who was wrongly convicted and spent more than five years in prison said he felt “sick” when he learned his compensation claim had been rejected once again.
Brian Buckle, from Pembrokeshire, was fully cleared of sexual abuse charges for which he was jailed, but Fight to clear his name cost him £500,000.
The Ministry of Justice (MoJ) rejected Buckle’s initial compensation claim last year, prompting former Justice Secretary Alex Davies-Jones to intervene. However, he recently learned that his second appeal was also rejected.
The UK government said it recognized the serious impact of miscarriages of justice and was committed to helping people rebuild their lives.
The Law Commission’s long-awaited review of the criminal appeals system in England and Wales has said the report on compensation will be published this year.
Buckle, from Fishguard, was convicted of historic child sexual abuse in 2017 and sentenced to 15 years in prison.
His family, including his wife Elaine, vowed to fight for his freedom because they were convinced of his innocence.
A five-year legal battle resulted in the Court of Appeal finding Buckle’s conviction unsafe, and he was promptly released from prison.
Buckle’s barrister, Stephen Vullo KC, presented new forensic evidence and witnesses at a retrial at Swansea Crown Court in 2023, which quickly resulted in a unanimous “not guilty” verdict.
Convinced of her husband’s innocence, Brian and his wife Elaine [BBC]
But proving his innocence cost Buckle and his family £500,000 and the impact on his mental health was severe.
“I have PTSD, I’m on medication, I’m always nervous,” he said.
“As a family this was really hard, it was the scariest thing I’ve ever had to go through.”
After Buckle was ruled out in 2024 over low justice compensation, MP Ben Lake hosted a debate in Westminster to raise the issue.
Buckle’s case was also made in the House of Commons and former justice secretary Davies-Jones said she wanted to restore his faith in the criminal justice system.
When the Department of Justice agreed to review Buckle’s application for compensation, Buckle, Vullo and Lake were hopeful that the support they received from the government would make a difference.
But in April, the Department of Justice told Buckle that, despite further review, it could not award damages because his claim did not meet the statutory test criteria.
Confusingly for Buckle, the letter also stated: “We would like to emphasize that this decision does not affect the fact that Mr. Buckle’s conviction has been set aside or cast doubt on the outcome of the appeal.”
‘Not fit for purpose’
Lake, who has been campaigning on behalf of her constituents for the past two years, said the case was one of the most blatant injustices she had encountered in her nine years as an MP.
He said he was “very disappointed” with the outcome and hoped the review would “reward the state for what they did to Brian”.
“I won’t let that lie. If that means dragging ministers into the House of Commons or Westminster Hall and asking questions until they finally do the right thing, so be it.”
Buckle’s claim for compensation was rejected due to a subtle but significant change in the law in 2014.
Previously, damages were awarded if the plaintiff found beyond a reasonable doubt that any reasonable jury would not have been able to convict based on the evidence presented.
At Buckle’s retrial, the jury found him “not guilty” after hearing new witnesses and forensic evidence; which would qualify him for payment.
However, since 2014, compensation has only been paid to those who can prove that they did not commit the crime. Vullo said this was impossible as there was no DNA or CCTV evidence to conclusively prove Buckle’s innocence.
“If you asked me to draft a bill that would ensure that nearly everyone’s claim for compensation would be denied, I would draft a bill similar to (existing law),” Vullo said.
“This is not accidental, it is intentional,” he said.
In the Ministry of Justice’s assessment of the impact of the change in law at that time, it was stated that the intended effect was to ease the burden on taxpayers.
The low level of justice compensation has become an increasingly controversial issue.
In 2024, the UK government asked the Law Commission to include compensation and support for wrongfully convicted people in its ongoing review of criminal appeals in England and Wales.
Scotland and Northern Ireland have their own compensation schemes for injustices.
The Post Office Horizon computer system scandal has been described as one of the UK’s most widespread miscarriages of justice. Four separate compensation plans were created so that victims could receive payments because they would not qualify under the program that rejected Brian’s application.
Andrew Malkinson Served more than 17 years in prison after being wrongly convicted of rapeHis conviction was overturned due to DNA evidence proving he did not commit the crime. However, he remained destitute while waiting for compensation.
Extensive media attention to Malkinson’s case resulted in him receiving an interim payment in February last year. He described the system as “not fit for purpose”.
The Law Commission published interim proposals in February 2025, which included reversing the 2014 law change so that wrongfully convicted people can only prove their innocence on the balance of probabilities, rather than beyond a reasonable doubt.
It was announced that due to intense public interest in the findings, the compensation section was given priority and will be published first at the end of 2026.
Buckle hopes any changes would apply retroactively to include him and others affected, restoring his faith in the criminal justice system.
Former justice secretary Davies-Jones said she was deeply saddened to hear Buckle’s application had failed again and recognized wider questions about the compensation scheme.
The Ministry of Justice said it would consider the findings of the Law Commission’s review before deciding on any action in this area.
