Minor convictions cut compensation

12 April 2012

Little-noticed changes to compensation rules mean that victims of violent crime are receiving reduced payouts if they have previously been convicted of minor offences, including traffic violations, it has emerged.

Crime victims have always faced deductions from the cash they receive from the Criminal Injuries Compensation Authority (CICA) if they have previous criminal convictions, on the grounds that their character makes it "inappropriate that a full award... should be made".

But previously those who had been fined £250 or less or received a conditional discharge received compensation in full, as their conviction was not taken to reflect on their character.

An amendment introduced by Justice Secretary Jack Straw last November has now removed this exemption, meaning that deductions must be made for any unspent convictions, including driving offences, unless there are "exceptional circumstances".

According to the Mail on Sunday, victims with unspent motoring convictions on their record could see compensation payouts reduced by as much as £1,650 in a rape case, £4,950 for an assault resulting in the loss of a leg or £37,500 for very serious brain injury. In a murder case, surviving relatives could see compensation reduced by as much as £1,650 if the victim had been convicted of a driving offence within the past five years, said the paper.

Shadow justice secretary Dominic Grieve said: "People will be astonished that ministers are targeting victims of crime simply because they may have committed minor traffic violations - for which they have already paid the penalty - while prisoners released early are being given compensation for the food and accommodation they would have received free.

"The idea that a rape victim or the parents of a murdered child should have their compensation docked for a speeding conviction years earlier is a revolting proposition."

A Ministry of Justice spokeswoman denied that there had been any cut to CICA's budget and said that the total compensation paid out to victims had not changed. Individual claims were judged on "a case by case basis".

But the spokesman added: "However, we do need to recognise that compensation is paid with taxpayers' money, and this has always been taken into account when compensating those who have already cost the public purse."

The MoJ said: "Jack Straw has made victims' rights one of his top priorities since becoming Justice Secretary. The UK's Criminal Injuries Compensation Scheme (CICS) is one of the most generous and comprehensive in the world. It handles over 60,000 claims a year and pays out over £200 million in compensation."

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