Criminal Injuries Compensation: The Scope of the New Scheme
Published date | 01 July 1989 |
DOI | http://doi.org/10.1111/j.1468-2230.1989.tb02612.x |
Author | Peter Duff |
Date | 01 July 1989 |
LEGISLATION
CRIMINAL INJURIES COMPENSATION:
THE
SCOPE
OF
THE
NEW SCHEME
FOR
almost
25
years, the Criminal Injuries, Compensation Scheme
(the “Scheme”) has been compensating the victims
of
violent crime.
Until recently, compensation was paid on an
ex
grutiu
basis, the
Scheme comprising simply a set
of
administrative instructions given
to the Criminal Injuries Compensation Board (the “Board”) by the
Home Secretary.’ However, in July
of
this year, the relevant part
of
the Criminal Justice Act
1988
came into force and placed the Scheme
onto a statutory footing, with the consequence that eligible appli-
cants now have an express legal right to compensation.* The new
Scheme is based closely upon its predecessor, although certain
adjustments were made. These primarily resulted from a review
of
the operation
of
the previous non-statutory Scheme, carried out by
an official working party (the “Working Party”) entrusted with the
task
of
recommending how the Scheme might best be put into statu-
tory form.3
The purpose
of
this note is to discuss the way in which the Act
attempts to define in precise terms those who are to receive compen-
sation because they have been the victims
of
criminal violence. Pre-
vious versions
of
the Scheme simply stipulated that the victim
of
a
“crime
of
violence (including arson or poisoning)” was eligible, but
that phrase was not further defined and its interpretation caused both
the Board and the courts some diffi~ulty.~ Consequently, section
109
of
the Criminal Justice Act sets out a new, more detailed definition
of
eligibility, intended to cover the same broad group
of
victims. (Also
entitled to compensation under the Scheme, both in its old and new
manifestations, are those injured in law enforcement activities, but
because this group of applicants is comparatively small, accounting
for under
10
per cent.
of
payments in recent years, it is not my con-
cern here.)
At this stage, it is necessary to make a preliminary point. Section
For
the final non-statutory version
of
the Scheme, in force since 1979, see the
Board‘s 23rd Report, Cm. 265, App. C. Additionally, see App. D
for
“the Statement”
which the Board issues with each Annual Report in order
to
provide applicants with
some guidance as
to
the way in which it interprets the provisions of the Scheme.
*
ss.108-117
of
and Schedules
6
and
7
to the Act set out the Scheme. It is interesting
to note that under the previous informal arrangement, if the Board refused
to
pay an
eligible applicant, that applicant could in practice enforce payment by means
of
judicial review
of
the Board’s decision.
Home Office and Scottish Home and Health Dept.,
Criminal Injuries Compensa-
lion:
A
Stututory Scheme
(1986) (henceforth referred
to
as the “Working Party
Re ort”).
‘For
a detailed discussion, see Duff, “Criminal Injuries Compensation and ‘Viol-
ent’ Crime” (1987) Crim.L.R. 219.
518
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