Publication - Form

Miscarriage of justice: compensation claim form

Published: 24 May 2016
Directorate:
Justice Directorate
Part of:
Law and order

Apply for compensation if you've been wrongfully convicted or charged with a crime.

Published:
24 May 2016
Miscarriage of justice: compensation claim form

You can apply for compensation for a 'miscarriage of justice'  if you've been wrongfully convicted of or charged with a crime.

There are two compensation schemes for miscarriage of justice: the statutory scheme and the ex gratia scheme.

Statutory scheme

You may be able to claim compensation if you've been convicted or a crime and:

  • your conviction has been reversed on appearl
  • your appeal was successful because a new fact shows beyond reasonable doubt that there has been a miscarriage of justice

Ex gratia scheme

You may be able to claim compensation if you have spent time in custody because of a wrongful charge or conviction and:

  • the police or other public authority did something seriously wrong that led you being charged with, or convicted of, a crime 
  • there were exceptional circumstances that that justify the payment of compensation.
There is a three year time limit for all applications for compensation to be made.

The attached application form includes guidance on how to apply. 

Return the form and any supporting documents to:

The Scottish Government
Criminal Law and Practice Unit
Criminal Justice Division
St Andrew's House
Edinburgh
EH1 3DG

Contact

Criminal Law & Practice Unit
Criminal Justice Division
St Andrew's House
Edinburgh
EH1 3DG

Tel: 0300 244 4000