Brian Buckle spent five years in prison for crimes he did not commit. In 2017, he was wrongfully convicted of 16 counts of rape and sexual assault. Thanks to new evidence, the Court of Appeal quashed his conviction, and at the retrial, the jury found him not guilty on all charges in just under an hour.

Despite this, Brian has been denied compensation. The Ministry of Justice acknowledges his innocence but demands he "prove it beyond reasonable doubt", a standard so high, almost no one qualifies. His case highlights how unfair and broken the system is.

Brian’s family, with the support of his barrister Stephen Vullo KC, are calling for a fair compensation scheme for wrongful convictions, one that does not place near impossible burdens on the innocent. Sign this petition to call for reform and bring this issue to Parliament!

Brian’s Story

My name is Brian Buckle and I am 51 years old. In 2017 I was convicted on 16 counts of the most awful allegations of rape and sexual assault against a child. I was innocent but following my conviction I was sentenced to 15 years in prison. I had been set up by the child’s real abuser to take the blame for what he had done but did not have the evidence the first time around to prove it.

My father-in-law, in an act of extraordinary generosity and knowing I was innocent, sold his house and gave the funds to my wife Elaine as an early inheritance. This became the fighting fund to clear my name. Elaine found Stephen Vullo KC to represent me. It took nearly three years to put together cutting-edge science from the US and the work of a private investigator to make the enquiries that I believe the police should have made. By the time of my appeal we had compelling and independent first hand witness evidence that the real abuser was a dangerous sexual predator.

After hearing just the first ground of appeal that was argued, the Court of Appeal quashed my conviction without the need to consider the remaining grounds at all. They determined that the one ground they heard was sufficient to demonstrate the jury’s verdict was fundamentally flawed on several charges. As a result, the entire conviction was deemed unsafe and could not stand. The Court ordered a retrial. Extraordinarily, I was granted bail by the Court of Appeal on the very day my conviction was quashed after having spent 5 years and 4 months in prison for crimes I did not commit. My family drove straight from the Royal Courts of Justice to bring me home. My retrial was heard in the same courtroom, in front of the same trial judge and with the same prosecutor. This time however I had Mr Vullo KC and the evidence to prove my innocence.

It took the jury just under an hour to acquit me of all 16 charges. Sadly, my father-in-law died shortly before my retrial, but he did at least know that my convictions had been quashed.

Without his generosity and unwavering faith in my innocence I would without any doubt still be sitting in a prison cell.

This all came at a high cost not just financially but emotionally. My wife’s inheritance has been spent, and I lost a well-paid job that I had done for 16 years prior to my arrest. I missed my daughter’s 18th and 21st birthdays and so much more. My life has been devasted by what has happened to me and the effects, including PTSD exist to this day.

I applied for compensation, but it was refused. The Ministry of Justice in their response to my claim stated; “It is important to emphasise that nothing in this determination is intended to undermine, qualify, or cast doubt upon the decision of the court to quash your conviction. You are presumed to be and remain innocent of the charges brought against you.” Bizarrely, the letter goes on to say that I had not in their view proved my innocence beyond reasonable doubt and I would therefore receive nothing.

I do not think what has happened to me is fair. I am not seeking millions and in fact the compensation paid is relatively small. Even if awarded it would not come close to covering the costs of my legal fees or even my lost wages. However, I do believe I should be compensated – not for financial gain but to have the injustice I have experienced acknowledged. The compensation would also provide me with some funds to get back on my feet.

The support I have received has been heartwarming so far. Stephen Vullo KC, the BBC and my local MP Ben Lake have all championed my case and even the Law Commission acknowledge the current system is unfair, but nothing is changing. I need your support to bring this to Parliament. Please sign and share this petition so that we can call for a debate in the House of Commons.

Brian Buckle

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Brian’s case has highlighted how unfair and draconian the system of compensation is. We think it should be scrapped and replaced with a scheme that pays compensation automatically to everyone in Brian’s position. Being asked to do more than have the Court of Appeal quash your conviction and then a jury find you not guilty of all charges, places the bar so high that hardly anyone will be able to jump it. If the Government refuses to scrap the current scheme we think that it should be for the jury to decide whether the individual is deserving of compensation.  Brian’s jury heard all of the evidence and are the best placed to decide where justice and fairness lies. The MOJ refusal letter is riddled with errors but ends by stating there is no appeal against their decision. That is why we need to appeal to the public to change the system so that Brian can receive fair and just compensation for the miscarriage he has suffered and continues to this day to suffer, whilst still being denied justice.

Stephen Vullo KC