NCJ Number
113429
Journal
Home Office Research and Planning Unit Research Bulletin Issue: 23 Dated: (1987) Pages: 24-27
Date Published
1987
Length
4 pages
Annotation
Compensation orders were examined in 1,313 criminal damage, assault, and robbery cases from Magistrates' courts in England and Wales in 1986.
Abstract
A compensation order had been used in 68.7 percent of the cases, with the highest percentage (85.3 percent) being used in criminal damage cases. A presentence request for compensation was one of the most significant factors in making an award: a request had been made in 77 percent of cases, and an award was made in 81.8 percent. An award was made in only 21 percent of cases where no request had been made. The feeling that a request was crucial to an award was emphasized by magistrates in interviews. Magistrates felt that awards were more common in criminal damage and robbery than in assault because victims had not been properly informed of their rights to compensation by police. Magistrates also cited the need for realistic estimates of loss and expressed great unease about quantifying personal injury. They also complained about the lack of accurate medical evidence provided to the court and felt they were not adequately prepared to assess the appropriate amount of compensation for injury. Magistrates also noted that such assessment was easier in cases where victims had either lost time from work or incurred medical expenses as a result of the injury. 6 references.