Falsely convicted man Brian Buckle denied compensation after lengthy legal battle
Brian Buckle, a man from Pembrokeshire who was wrongfully convicted and imprisoned for over five years, has expressed his distress upon learning that his compensation claim has been rejected for a second time.
Buckle was fully exonerated of the historical child sex abuse charges for which he was originally sentenced to 15 years in prison in 2017. However, the process of clearing his name incurred costs exceeding £500,000.
The Ministry of Justice (MoJ) dismissed Buckle's initial compensation appeal last year, leading to intervention by former Justice Minister Alex Davies-Jones. Despite this, Buckle recently discovered that his second appeal has also been denied.
The UK government has acknowledged the serious consequences of miscarriages of justice and affirmed its commitment to supporting affected individuals in rebuilding their lives.
A comprehensive review of the criminal appeals system in England and Wales, conducted by the Law Commission, is expected to publish its report on compensation later this year.
Legal battle and exoneration
Buckle, from Fishguard, was convicted in 2017 of historical child sex abuse and sentenced to 15 years imprisonment. His family, including his wife Elaine, maintained his innocence and committed to fighting for his release.
After a protracted five-year legal struggle, the Court of Appeal ruled that Buckle's conviction was unsafe, resulting in his immediate release. Subsequently, at a retrial held at Swansea Crown Court in 2023, Buckle's barrister, Stephen Vullo KC, presented new forensic evidence and witness testimony, leading to a unanimous verdict of "not guilty".
The financial burden of proving his innocence amounted to £500,000, and the ordeal has had a significant impact on Buckle's mental health.
"I suffer with PTSD, I'm on medication, I'm just always on edge," Buckle said.
"As a family it's been really hard, it's the most horrendous thing I've ever had to go through."
Compensation claim and political response
Following the rejection of Buckle's miscarriage of justice compensation claim in 2024, his Member of Parliament, Ben Lake, organized a debate in Westminster to highlight the issue.
Buckle's case was also raised in the House of Commons, where former Justice Minister Alex Davies-Jones expressed a desire to restore his confidence in the criminal justice system.
When the MoJ agreed to reconsider Buckle's compensation application, Buckle, Vullo, and Lake were hopeful that government support would lead to a favorable outcome.
However, in April, the MoJ informed Buckle that despite the further review, compensation could not be awarded as his claim did not satisfy the statutory criteria.
The MoJ's letter stated:
"We would want to highlight that this decision does not affect the fact that Mr Buckle's conviction was quashed, nor does it cast doubt on the outcome of the appeal."
MP Ben Lake calls system 'not fit for purpose'
Ben Lake, who has advocated for Buckle over the past two years, described the case as one of the clearest injustices he has encountered during his nine years as an MP.
"I'm so disappointed by the outcome," Lake said. "I hoped the review would have resulted in a payout for what the state has done to Brian."
"I'm not going to let this lie. If that means that I'm to drag ministers to the House of Commons or Westminster Hall, and table questions until they finally do the right thing, then so be it."
Legal changes affecting compensation eligibility
Buckle's compensation claim was denied due to a significant change in the law enacted in 2014.
Prior to this change, compensation was awarded if the claimant demonstrated beyond reasonable doubt that no reasonable jury could have convicted based on the evidence presented.
In Buckle's retrial, the jury returned a "not guilty" verdict after considering new witnesses and forensic evidence, which under the previous law would have qualified him for compensation.
However, since 2014, compensation is only granted to individuals who can prove they did not commit the crime, a standard that Buckle's barrister, Vullo, argues is impossible to meet in the absence of conclusive DNA or CCTV evidence.
"If you were to ask me to draft a piece of legislation that would ensure that almost everybody was turned down for compensation, I'd draft something similar to this [current law]," Vullo stated.
"It's not by mistake, it's intentional," he added.
An MoJ assessment at the time of the law change indicated that its purpose was to reduce the financial burden on taxpayers.
Wider context of miscarriage of justice compensation
Compensation for miscarriages of justice has become a contentious issue in recent years.
In 2024, the Law Commission was tasked by the UK government to incorporate compensation and support for the wrongly convicted within its ongoing review of criminal appeals in England and Wales.
Scotland and Northern Ireland operate separate compensation schemes for wrongful convictions.
The Post Office Horizon computer system scandal is regarded as one of the UK's most extensive miscarriages of justice. Four distinct compensation schemes have been established for victims, who would not have qualified under the scheme that rejected Buckle's claim.
Andrew Malkinson, who was wrongfully convicted of rape and served over 17 years in prison before DNA evidence overturned his conviction, was left destitute while awaiting compensation.
Following significant media attention, Malkinson received an interim payment in February 2025 and described the compensation system as "not fit for purpose."
Law Commission proposals and future outlook
In February 2025, the Law Commission published provisional proposals recommending the reversal of the 2014 legal change. Under the proposed reforms, the wrongly convicted would only need to prove their innocence on the balance of probabilities rather than beyond reasonable doubt.
Due to substantial public interest, the Law Commission has prioritized the compensation section of its review and plans to publish it first by the end of 2026.
Buckle hopes that any legislative changes will be applied retrospectively to include him and others affected, thereby restoring his trust in the criminal justice system.
Alex Davies-Jones expressed deep regret that Buckle's compensation application was unsuccessful again and acknowledged broader concerns regarding the compensation scheme.
The Ministry of Justice stated it would consider the Law Commission's recommendations before making decisions on future actions in this area.
