Innocence Tax: Brian Buckle’s Traumatic Journey from Wrongful Conviction to Acquittal

Among the countless individuals accused of heinous crimes each year in England and Wales, a vast majority endure the torments of a dragged legal process, only to be later acquitted. While the verdict clears their names, the echo of financial and emotional despair lingers. As it did for Brian Buckle, who underwent the harrowing ordeal of being wrongfully convicted of a child sexual abuse case.

Brian was just an ordinary man until his life took a spiralling descent in 2017 when he was wrongfully pronounced guilty of historical child sexual abuse allegations on sixteen counts. Labelled a felon, he was thrust into prison for fifteen long years.

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However, the tide turned for Brian when a fresh inspection of the DNA evidence used against him uncovered faults. It took Brian five and a half years and an expenditure running into hundreds of thousands of pounds to overthrow his convictions. Despite his acquittal, Brian’s accuser enjoys lifetime anonymity, highlighting one of the many perplexing aspects of the legal system.

Despite bearing the innocence tag, Brian was obligated to bear the costs of his legal defence, which some refer to as the “innocence tax”. Unfortunately, Brian didn’t qualify for legal aid, owing to his household’s disposable income being greater than £37,500 per year – a threshold set by Chris Grayling in 2014 that has remained unchanged since.

This unfortunate scenario resonates with thousands annually, with approximately 40% of not-guilty pleaders being cleared of their charges each year. With the government’s announcement to make legal aid available to all facing trial, there seems to finally be a glimmer of hope, albeit the changes will only come into effect two years from now.

Meanwhile, many like Brian are burdened with the unimaginable task of proving their innocence. Even after his acquittal, Brian hasn’t been able to claim his legal expenses. He endured an unthinkable struggle amid hardened criminals and horrifying stories, and the trauma has left deep scars on his mental health.

Brian’s family, particularly his wife Elaine, stood immovably by his side, turning their residence into an appeal headquarters and spending countless hours scrutinizing court records. They bore the steep cost of overturning the conviction, with the use of private investigators and forensic experts.

A breakthrough occurred with the re-analysis of the DNA samples used in the first trial. Despite the triumph of exposing the flawed evidence and Brian’s immediate release from prison, the fight was not over, with the Crown Prosecution Service announcing a retrial.

The second trial, however, had a more structured defence and the availability of the re-examined forensic evidence. After an hour and twenty minutes of deliberation, Brian was declared not guilty on all counts, finally setting him free.

But freedom came at a lofty price, from spending over half a million pounds, losing his job, his pension, his savings, and the most irreplaceable of all, missing priceless family moments.

Others, like 47-year-old Rebecca Whitehurst, echo Brian’s traumatic journey, having spent an enormous amount achieving not guilty verdicts. But the deepest scars, as Brian reflects, aren’t monetary, but emotional and psychological — a grieving father, missed milestones, and irrevocable damage to mental health.

Today, Brian is a changed man, determined to cherish each day with his cherished family whose unwavering support was the beacon of hope in his darkest days. Although he can now look towards a brighter future, he acknowledges, “I’m not the old Brian Buckle” — a poignant reminder of the toll that the ordeal has taken on him.