WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
May 08 2025
WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO

Legal challenge to ‘bed & board’ deductions from compensation for the wrongly convicted

Legal challenge to ‘bed & board’ deductions from compensation for the wrongly convicted

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Two men who collectively spent 37 years in prison for crimes they did not commit are challenging deductions made for the cost of ‘bed and board’ from their compensation payments.

Paul Blackburn (pictured above), who spent 25 years in prison before clearing his name, had £100,000 deducted from his compensation payout to represent his living expenses outside prison. He is behind a legal action together with Michael O’Brien who was wrongly convicted of the brutal murder of a Cardiff newsagent – O’Brien together with Darren Hall and Ellis Sherwood each had £37,500 deducted after they served nearly 12 years in prison.

As has been reported on the Justice Gap, compensation for the victims of miscarriages of justice was pretty much wiped out as a result of the a change to the regime introduced by Chris Grayling as justice secretary under the Coalition Government in 2014 – now successful applicants have to be able to demonstrate to the Ministry of Justice that they can prove their innocence ‘beyond a reasonable doubt’. Both Blackburn and O’Brien received compensation before the 2014 change .

  • You can read about the Paul Blackburn case on the Justice Gap in an article by Mark George QC here; and an interview with Michael O’Brien by Calum McRae here

The two men have launched a crowdfunding campaign to raise £100,000 for legal costs the government for charging the victims of miscarriages of justice for their ‘bed and board’. ‘In the wake of Andy Malkinson‘s conviction being questioned in 2023, Alex Chalk KC MP of the Ministry of Justice stated that such charges would be stopped,’ commented O’Brien. ‘He also mentioned considering reimbursing those have already been charged this deduction.’

‘This is not about us three. It’s about every individual who’s been wrongly convicted and then charged for their stay in prison – they should never have been there in the first place. It is estimated that hundreds could be affected by this policy. This practice adds insult to injury for victims of wrongful convictions and must be dressed immediately.’
Michael O’Brien of the Cardiff Newsagent Three

Paul Blackburn pointed out that Michael O’Brien has been refused legal aid. ‘And I have been told, I am not eligible as I own my own house and would be expected to become homeless in order to pay for our case to go forward.’

You can support the campaign here.

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