The Government has increased the statutory ceilings for compensation in miscarriage of justice cases. The Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025 raises the maximum award by 30% to £1.3 million in cases involving at least ten years’ qualifying detention and to £650,000 in all other cases. Ministers first signalled the uplift in July and the draft instrument was approved in committee on 20 October 2025.
The Order was made on 28 October 2025 and took effect on 29 October 2025. For finance directors, criminal justice practitioners and claimant representatives, the dates matter immediately for case management and budgeting because the higher caps apply from the day after the Order was made.
Scope is split by who pays. In the civilian system, compensation under section 133 of the Criminal Justice Act 1988 is paid by the Secretary of State for England and Wales, by the Department of Justice in Northern Ireland, and by the Scottish Ministers. Scotland is not subject to any statutory cap. For a small number of Northern Ireland cases involving sensitive national security information, responsibility rests with the Secretary of State; the Order does not change the caps set by the Northern Ireland Department of Justice.
The same percentage increase applies to the armed forces scheme. Awards following quashed convictions by the Court Martial under section 276 of the Armed Forces Act 2006 are paid by the Secretary of State for Defence, and the Order lifts those maximums to £1.3 million and £650,000 respectively to keep the civilian and military schemes aligned.
Transitional provision is explicit. The new limits apply to applications made on or after 29 October 2025 and also to applications submitted before that date where the independent assessor has not yet determined the amount of compensation. In practice, pending cases without an assessment should now be progressed on the basis of the higher caps.
The ten‑year threshold references section 133B of the Criminal Justice Act 1988. Qualifying detention can include time in prison, time detained under mental health legislation by reason of the conviction, and time on remand linked to the relevant offence. Periods of excluded concurrent detention do not count towards the threshold.
Eligibility and process remain unchanged. Applicants in England and Wales generally have two years from the reversal of the conviction or the grant of a free pardon to apply. Applications are submitted to the Miscarriage of Justice Application Service and must satisfy the statutory test that a new or newly discovered fact shows beyond reasonable doubt that the applicant did not commit the offence.
Interaction with the welfare system has already been addressed. From 22 July 2025, miscarriage of justice compensation is disregarded indefinitely for means‑tested benefits, removing the previous risk that awards would reduce or disqualify support. The Department for Work and Pensions has issued policy and housing benefit guidance confirming the change.
Context from parliamentary scrutiny is clear. The House of Lords Secondary Legislation Scrutiny Committee noted that the caps had not moved since 2008 and welcomed the uplift while observing that a 30% increase is below cumulative CPI inflation since 2008 and that maximum payments at the old caps were rare. Departments indicated they will continue to monitor the maxima.