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Justice Denied for Brain Buckle : Why We Must Reform Compensation Laws for the Wrongfully Convicted

Writer: Falsely Accused NetworkFalsely Accused Network

By Michael Thompson, Founder of Falsely Accused Network


In my years leading the Falsely Accused Network, I've witnessed countless injustices, but few systems are as broken as the UK's compensation laws for the wrongfully convicted. As someone who has spent decades helping those falsely imprisoned rebuild their shattered lives, I find the current framework not just flawed, but morally reprehensible.


The case of Brian Buckle exemplifies everything wrong with our approach. After spending five years behind bars for crimes he did not commit, after depleting his life savings of £500,000 to clear his name, after a jury unanimously acquitted him in just over an hour, Brian received a letter that encapsulates the cruel absurdity of our system.


The Ministry of Justice acknowledged Brian was "innocent" but – with bureaucratic doublespeak that would make Orwell wince – claimed he had failed to prove "beyond a reasonable doubt" that he had not committed the crimes. As the founder of an organization that sees this pattern repeatedly, I can tell you: this isn't a bug in the system. It's a feature.


A System Engineered to Deny Justice


Since the law change in 2014, which our network vigorously opposed, victims of miscarriages of justice must not only be cleared by the courts but must also demonstrate their innocence – effectively reversing the fundamental burden of proof that underpins our entire legal system. The statistics are damning: 93% of compensation applications rejected since 2016.


At the Falsely Accused Network, we've helped dozens of exonerees navigate this process. Almost all leave empty-handed, despite their lives being destroyed by the state's errors. Stephen Vullo KC, Brian's barrister, correctly describes this as "an almost impossibly high hurdle over which very few people can jump." The conclusion is inescapable – this system was designed specifically to ensure compensation is rarely paid.


The Human Cost I Witness Daily


I met Brian Buckle personally at the Falsely Accused Day in London on the 9th September 2024 in London and listened to his powerful speech, his case represents hundreds like him that I've worked with at the Falsely Accused Network. Once productive citizens with jobs, pensions, and dignity, they emerge from wrongful imprisonment broken. According to reports, Brian now struggles with diagnosed PTSD. "I can't keep a job down because my head is all over the place," he's quoted as saying. "Every single night all I dream about is being in prison or trying to get out of prison."


The trauma extends beyond the wrongfully convicted themselves. Reports indicate Brian's daughter Georgia suffered from suicidal thoughts during her father's imprisonment. At the Falsely Accused Network, we see this ripple effect destroy entire families – marriages collapse, children suffer, elderly parents die while their children remain wrongfully imprisoned.

Brian Buckle at Falsely Accused Day 9th September 2024
Brian Buckle at Falsely Accused Day 9th September 2024

A Two-Tier System of Justice


What particularly infuriates me is the government's selective approach to compensation. Special schemes for victims of the Post Office scandal – while absolutely deserved – were established only after massive public pressure generated by a television drama. As our network has long argued, and as Suzanne Gower at the University of Manchester confirms, this represents "a tacit admission" that the existing system is fundamentally broken.


Why should justice depend on whether your case captures public attention? Why should some victims of state failure receive compensation while others are left destitute? In our casework at the Falsely Accused Network, we see this double standard repeatedly, and it is indefensible.


The Reforms We Need Now


After speaking with exonerees, the solution is clear to me: we must immediately reverse the 2014 law change and return to a system where proving a miscarriage of justice is sufficient for compensation – as is still the case in Scotland, Northern Ireland, and most of Europe.


At minimum, we should adopt the Law Commission's provisional proposal for a lower evidential threshold, but based on my experience, this doesn't go far enough. And we certainly shouldn't wait until 2026 for their final report while people like Brian Buckle continue to suffer.


I strongly advocate that any changes must be made retrospective to ensure that Brian and the hundreds of others in his position that our network supports can benefit. As Ben Lake, Brian's MP who is hosting a debate at Westminster on this issue, rightfully observes: "When we have a situation where an individual has been incarcerated for whatever reason for incorrect evidence or incorrect judgements, we should ensure that they are compensated for that."


A Call to Action


As founder of the Falsely Accused Network, I've devoted my life to fighting for those the system has failed most catastrophically. Refusing to compensate the wrongfully convicted isn't just a legal failure – it's a moral abomination that reflects the state's unwillingness to take responsibility for its most devastating errors.


Brian Buckle's words should haunt those who designed and maintain this system: "What do I need to do to prove that I'm an innocent person? I've lost five years of my life, my job, my pension. People are absolutely gobsmacked when you tell them I've been refused compensation."


I call on everyone who believes in justice to support our campaign for immediate reform. The current system isn't just broken – it's actively cruel, and it must be changed now.


If you've been falsely accused of domestic abuse then please visit www.falselyaccusednetwork/contact or email support@falselyaccusednetwork.co.uk to arrange a free and confidential call.


*Michael Thompson is the founder and director of the Falsely Accused Network*



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