Wrongful Conviction

Can I receive compensation for wrongful conviction?

If you have had a conviction quashed or set aside by the court, you can apply for compensation for the time you spent in prison as a result of that wrongful conviction. Compensation for wrongful conviction and imprisonment is not a legal right. However, the Government can exercise its discretion to compensate you by making an ex gratia (voluntary) payment.

The criteria for compensation is difficult to meet. As well as having your conviction quashed, you must then prove your innocence on the “balance of probabilities”. A lawyer is not required but it is highly recommended if you want to pursue compensation. To prove your innocence requires significant effort and persistence. You will likely need to reinvestigate the original police case, and possibly find the real culprit.

Only eight cases have been compensated in the last 22 years, this indicates a huge number of people have missed out on money they deserved. Jeremy successfully gained an apology from the Minister of Justice and an ex gratia payment of $551,017.16, for his client Tyson Redman in 2018.

If you would like to speak with Jeremy regarding legal aid for wrongful conviction compensation, please fill out our inquiry form here.