Miscarriage of justice compensation UK: section 133 limits, deadline and calculator
Last updated · By Mustafa Bilgic · Law from the Criminal Justice Act 1988 and S.I. 2025/1139 on legislation.gov.uk, figures from the Ministry of Justice on GOV.UK
This page explains who qualifies, how the overall limit and the earnings limit work, how the deadline is counted and how to apply, with the latest Ministry of Justice figures on how many claims succeed. The calculator finds the limit that applies to a case, the last day to apply, and the most that could be paid on the losses you enter.
Miscarriage of justice compensation calculator
Overall limit, deadline and earnings limit
Count time in prison, in hospital under mental health law because of the conviction, and on remand for the offence. Leave out time that was also served for a different offence.
The default is the ONS figure for full-time employees in April 2025. The Act says the latest ONS figure at the time of the assessment is used, without naming a series, so you can change it.
Who can get compensation
Section 133 applies when a person has been convicted of a criminal offence, has suffered punishment, which means a sentence was passed, and the conviction has since been reversed or the person pardoned on the ground that a new or newly discovered fact shows there has been a miscarriage of justice. Since 2014, section 133(1ZA) says that for a conviction in England and Wales this means the new fact shows beyond reasonable doubt that the person did not commit the offence. No compensation is paid if the non-disclosure of the fact was wholly or partly the person's own doing. If the person has died, the compensation goes to their personal representatives.
A conviction counts as reversed if it was quashed on an appeal out of time or on a reference by the Criminal Cases Review Commission, among other routes. GOV.UK describes an out of time appeal as one submitted 28 days or more after conviction in the Crown Court, or 21 days or more after sentence in a magistrates' court. If a retrial is ordered, the conviction is not treated as reversed until the person is acquitted of all offences or the prosecution decides not to go ahead. Outside these rules there is no entitlement, although the Ministry of Justice's guide says the Secretary of State may, in exceptional cases, compensate someone who can show beyond reasonable doubt that they did not commit the offence but who falls outside the strict test.
The overall compensation limits
The limits were introduced in 2008 and were not increased until the 2025 Order raised the Secretary of State's limits by 30%. The higher limit applies where the person was in qualifying detention for at least 10 years by the time of the reversal or pardon.
| Who pays | 10 years or more | Any other case |
|---|---|---|
| Secretary of State: England and Wales, and Northern Ireland cases decided on national security grounds (from 29 October 2025) | £1,300,000 | £650,000 |
| Secretary of State: Court Martial convictions, Armed Forces Act 2006 (from 29 October 2025) | £1,300,000 | £650,000 |
| Department of Justice in Northern Ireland (unchanged) | £1,000,000 | £500,000 |
| Secretary of State, before 29 October 2025 (limits set in 2008) | £1,000,000 | £500,000 |
The new limits apply to every application made on or after 29 October 2025, and to earlier applications where the assessor had not yet assessed the amount by that date. The Order did not change the limits for compensation paid by the Department of Justice in Northern Ireland, and section 133A does not extend to Scotland.
Qualifying detention and the 10-year rule
Section 133B counts time detained in a prison, a hospital or anywhere else because of the sentence for the offence, because of detention under mental health legislation that followed the conviction, or because of remand in custody for the offence or for another charge founded on the same facts or evidence. Time is left out if, during it, the person was also serving a sentence, or was on remand, for a different offence of which they were convicted, unless that other conviction was also quashed or pardoned. If two or more convictions are reversed together, time for any of them counts.
How the amount is assessed
Once the Secretary of State accepts that the test is met, an independent assessor appointed by the Secretary of State decides how much to pay. For the part of the award that reflects suffering, harm to reputation and similar damage, section 133A tells the assessor to have regard in particular to the seriousness of the offence and the severity of the punishment, and to the conduct of the investigation and the prosecution. The assessor may then make deductions for conduct of the person that caused or contributed to the conviction, and for their other convictions and punishments, and in exceptional circumstances may decide that only a nominal amount is payable.
Lost earnings and earning capacity count for no more than the earnings compensation limit in any one year: 1.5 times the median annual gross earnings in the latest figures from the Office for National Statistics at the time of the assessment. The ONS reported median gross annual earnings for full-time employees of £39,039 in April 2025, which would make the limit £58,558.50 a year on our calculation. The total, including every head of loss, cannot exceed the overall limit.
The 2-year deadline
No compensation is paid unless the application is made before the end of the period of 2 years beginning with the date the conviction was reversed or the pardon was given. Because the period begins on that date, the last day is the day before the second anniversary: for a conviction quashed on 10 March 2026, the last day is 9 March 2028. The Secretary of State can accept a late application if there are exceptional circumstances, but the Ministry of Justice guide says that not knowing about the scheme would not generally count.
How to apply
For England and Wales you can apply online on GOV.UK, or download the form and send it to the Miscarriages of Justice Applications Service (MoJAS) by post or to [email protected]. Send what you have of the certificate of conviction, the appeal papers, the Court of Appeal judgment and any Criminal Cases Review Commission statement of reasons. MoJAS may be able to obtain missing court documents, which the Ministry of Justice says can take 4 to 12 weeks. Cases where the prison sentence was over 4 years are prioritised. If the test is met, the applicant is given up to 3 months, which can be extended, to gather evidence of the losses before the assessor decides the amount.
How many claims succeed
The Ministry of Justice's figures show that most applications are rejected at triage, the first check that there was a conviction, that it was quashed on an out of time appeal and that the application was made within 2 years. In 2025/26, 38% of the applications rejected at triage failed because there was no conviction or it had not been quashed. Payments between 2016/17 and 2025/26 ranged from £250 to £500,000. The report covers all decisions made in each year, so a year's decisions can include applications received earlier.
| Measure | 2025/26 | April 2016 to March 2026 |
|---|---|---|
| Applications received | 70 | 766 |
| Rejected at triage | 58 | 598 |
| Went on to a full assessment against section 133 | 22 | 184 |
| Granted compensation | 6 | not stated |
| Compensation paid (excluding interim payments and legal costs) | £160,000 | £2,635,918 |
| Average time from application to outcome | 35 weeks | not stated |
Compensation and benefits
From 22 July 2025, the Department for Work and Pensions stopped counting miscarriage of justice compensation as capital or income when working out means-tested benefits in Great Britain, and the same rules apply in Northern Ireland. If you already claim Universal Credit, Pension Credit, Housing Benefit, income-based Jobseeker's Allowance, income-related Employment and Support Allowance or Income Support, report the change with a copy of your compensation award notification.
Scotland, Northern Ireland and the armed forces
GOV.UK says there is a separate scheme for Scotland, and that people in Northern Ireland should contact the Department of Justice. Convictions by the Court Martial are covered by section 276 of the Armed Forces Act 2006, which has the same 2-year deadline and, since the 2025 Order, the same limits as England and Wales. The MoJAS route is also not the only one: the Ministry of Justice notes that a civil claim is another way to seek compensation for a wrongful conviction, and an application can be withdrawn if a full and final settlement has been reached elsewhere for the same matters. Our guide to how compensation is calculated explains how damages are valued in civil claims, and loss of earnings claims covers the earnings part.
Worked examples
Long sentence. A man convicted in England served 12 years before the Court of Appeal quashed his conviction on 10 March 2026 after a Criminal Cases Review Commission reference. The overall limit is £1,300,000 and he must apply by 9 March 2028.
Earnings limit. A woman spent 4 years in prison and lost 4 years of earnings of £70,000 a year. With the ONS figure of £39,039, lost earnings count for no more than £58,558.50 a year, so £234,234 in total. If the assessor also awarded £200,000 for her other losses, the total of £434,234 is within the £650,000 limit. These examples are our own calculations from the statutory rules, not predictions of an award.
Sources and methodology
The limits and rules were read from the revised sections on legislation.gov.uk and from S.I. 2025/1139 itself. The calculator applies sections 133(2), 133A(5), (5A) and (6) and 133B, and article 4 of the 2025 Order, and was tested on the 10-year boundary, the transitional rule, leap-year deadlines and the earnings limit.
- Criminal Justice Act 1988, sections 133, 133A and 133B, on legislation.gov.uk.
- The Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025, S.I. 2025/1139, on legislation.gov.uk.
- Armed Forces Act 2006, sections 276 and 276A, on legislation.gov.uk.
- Miscarriage of justice: claim compensation and Application for compensation: a general guide, Ministry of Justice, on GOV.UK.
- MoJAS claims management information, April 2016 to March 2026, and the press release of 15 July 2025, on GOV.UK.
- Compensation payments for miscarriage of justice and means-tested benefits, DWP, on GOV.UK.
- Employee earnings in the UK: 2025, Office for National Statistics, on ons.gov.uk.
Frequently asked questions
How much compensation is paid for a miscarriage of justice in the UK?
It is assessed case by case, up to an overall limit. For compensation paid by the Secretary of State the limit is £1,300,000 after at least 10 years of qualifying detention and £650,000 otherwise, for applications from 29 October 2025 and earlier ones not yet assessed. MoJAS payments from 2016/17 to 2025/26 ranged from £250 to £500,000.
What is the time limit for a miscarriage of justice compensation claim?
The application must be made before the end of the 2 years beginning with the date the conviction was reversed or the pardon given. A late application is accepted only in exceptional circumstances.
Who decides the amount of compensation?
The Secretary of State decides whether there is a right to compensation. If there is, an independent assessor appointed by the Secretary of State assesses the amount, taking account of the factors in section 133A.
Is lost income limited?
Yes. Lost earnings or earning capacity count for no more than 1.5 times the latest ONS median annual gross earnings in any one year. Using the April 2025 full-time figure of £39,039, that is £58,558.50 a year.
Does compensation affect Universal Credit or other benefits?
Not since 22 July 2025. The DWP no longer counts miscarriage of justice compensation as capital or income for means-tested benefits in Great Britain, and the same rules apply in Northern Ireland.
How many miscarriage of justice claims succeed?
In 2025/26, MoJAS received 70 applications and rejected 58 at triage. Of the 22 applications fully assessed that year, some of them received earlier, 6 were granted and 16 refused. £160,000 was paid that year.