Title and introductory text
2025 No. 1139
CRIMINAL LAW, ENGLAND AND WALES
CRIMINAL LAW, NORTHERN IRELAND
DEFENCE
The Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025
Made
28th October 2025
Coming into force
29th October 2025
The Secretary of State makes this Order in exercise of the powers conferred by section 133A(7) of the Criminal Justice Act 1988 and section 276A(7) of the Armed Forces Act 2006.
In accordance with section 133A(8) of the Criminal Justice Act 1988 and section 373(3)(a) of the Armed Forces Act 2006, a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament.
Propose a change1 Citation, commencement and extent
(1) This Order may be cited as the Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025.
(2) This Order comes into force on the day after the day on which it is made.
(3) Subject to paragraphs (4) and (5), this Order extends to England and Wales, Scotland and Northern Ireland.
(4) Articles 2 and 4(1) extend to England and Wales and Northern Ireland only.
(5) In section 384 of the Armed Forces Act 2006 (extent to Channel Islands, Isle of Man etc), any reference to that Act includes a reference to—
(a) that Act as amended by article 3, and
(b) article 4(2).
Propose a change2 Amendment to section 133A(5) of the Criminal Justice Act 1988
(1) The Criminal Justice Act 1988 is amended as follows.
(2) In section 133A (miscarriages of justice: amount of compensation)—
(a) in subsection (5), after “overall compensation limit.” for “That” substitute “In the case of compensation payable by the Department of Justice in Northern Ireland, that”;
(b) after subsection (5) insert—
(5A) In the case of compensation payable by the Secretary of State, the overall compensation limit for the purposes of subsection (5) is—
(a) £1,300,000 in a case to which section 133B applies, and
(b) £650,000 in any other case.
.
Propose a change3 Amendment to section 276A(5) of the Armed Forces Act 2006
(1) The Armed Forces Act 2006 is amended as follows.
(2) In section 276A (miscarriages of justice: amount of compensation)—
(a) in subsection (5)(a), for “£1 million” substitute “£1,300,000”;
(b) in subsection (5)(b), for “£500,000” substitute “£650,000”.
Propose a change4 Transitional provisions
(1) Article 2 has effect in relation to—
(a) any application for compensation made under section 133(2) of the Criminal Justice Act 1988 on or after the date on which this Order comes into force, and
(b) any application for compensation made under that section before the date on which this Order comes into force, but for which the assessor has not yet made an assessment of the amount of compensation under sections 133(4) and 133A of the Criminal Justice Act 1988.
(2) Article 3 has effect in relation to—
(a) any application for compensation made under section 276(3) of the Armed Forces Act 2006 on or after the date on which this Order comes into force, and
(b) any application for compensation made under that section before the date on which this Order comes into force, but for which the assessor has not yet made an assessment of the amount of compensation under sections 276(5) and 276A of the Armed Forces Act 2006.
Propose a change