FOI/202600506176 · FOI · partially withheld
Compensation for miscarriages of justice queries: FOI release
Information requested
If anyone was given compensation, in the last 10 years, how many a year and how much.
Response
You have requested information about the number of successful applications granted compensation and the total amount paid in compensation for a miscarriage of justice for the last ten years to applicants who have been imprisoned as a result of miscarriage of justice.
An exemption under section 38(1)(b) of FOISA (personal information) applies to this information because it is personal information about the amount paid in compensation to people found eligible for compensation for a miscarriage of justice.
While you have not requested information about the names of the individuals, it is considered that, because of the small number of people to whom compensation has been paid to over this time period, there is a real risk that information about payments made to individual applicants could be ascertained from information about the amount paid in compensation, the year in which that payment was made to them and the years in which applicants were found eligible for compensation. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
However, I can inform you that there have been 3 successful applicants for compensation for a miscarriage of justice in the 10 years from 12 February 2016 to 12 February 2026. Information about payments of compensation is recorded by reference to the financial year in which the payment is made. The total amount paid in compensation to successful applicants for compensation for a miscarriage of justice in the 10 financial years between 1 April 2015 and 31 March 2025 (the most recent complete financial year) is £3,101,627.35. It should be noted, however, that some of the payments made in this period were made to 4 applicants who were found to be eligible for compensation before 12 February 2016 (so in total, payment was made to 7 applicants in this period).
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
An exemption under section 38(1)(b) of FOISA (personal information) applies to this information because it is personal information about the amount paid in compensation to people found eligible for compensation for a miscarriage of justice. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
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