NCJ Number
66464
Journal
NEW LAW JOURNAL Volume: 128 Dated: (MARCH 2, 1978) Pages: 200-203
Date Published
1978
Length
4 pages
Annotation
THE CRIMINAL INJURIES COMPENSATION SCHEME OF GREAT BRITAIN IS DESCRIBED, AND THE IMPACT OF JUDICIAL REVIEW ON ITS OPERATION IS EXPLORED THROUGH DISCUSSION OF SIGNIFICANT CASES.
Abstract
UNDER THE SCHEME, COMPENSATION AWARDS ARE MADE EX GRATIA FRO PERSONAL INJURY DIRECTLY ATTRIBUTABLE TO A CRIME OF VIOLENCE OR TO AN ARREST OR ATTEMPTED ARREST OF AN OFFENDER. PAYMENT IS WITHHELD IF THE CLAIM IS FOR LESS THAN THE CIRCUMSTANCES OF THE INJURY HAVE NOT BEEN THE SUBJECT OF CRIMINAL PROCEEDINGS, OR THE APPLICANT HAS NOT PROVIDED INFORMATION NEEDED FOR CLAIMS PROCESSING. THE SCHEME IS MANAGED BY THE CRIMINAL INJURIES COMPENSATION BOARD, ANND APPLICATIONS ARE CONSIDERED BY A SINGLE BOARD MEMBER. WHEN THE ISSUE IS NOT COMPLEX, THE MEMBER WILL MAKE A DECISION ON THE COMPENSATION PAYABLE. APPEAL TO A PANEL OF BOARD MEMBERS IS POSSIBLE WHEN ATHE APPLICANT IS NOT SATISFIED WITH THE MEMBER'S DECISION. WHILE NO APPEAL IS POSSIBLE OVER THE AWARD GRANTED BY THE FINAL BOARD DECISION, IN R V CRIMINAL INJURIES COMPENSATION BOARD, EX PARTE LAIN (1967) IT WAS RECOGNIZED THAT THE BOARD IS A PUBLIC BODY PERFORMING A JUDICIAL FUNCTION AND IS THEREFORE SUBJECT TO JUDICIAL REVIEW. THIS FINDING ENTITLED THE HIGH COURT TO INTERVENE AND TO EXERCISE ITS SUPERVISORY JURISDICTION BY USE OF PEROGATIVE ORDERS, WHERE APPROPRIATE. THIS CASE PROVIDED THE FOUNDATION FROM WHICH SUBSEQUENT COURT HOLDINGS HUMANELY SHAPED THE SCOPE OF THE SCHEME AND AND LIBERALLY EXTENDED ITS BOUNDARIES, MOST NOTABLY IN R V CRIMINAL INJURIES COMPENSATION BOARD, EX PARTE INCE (1973). THE RECENT DECISION IN R V CRIMINAL INJURIES COMPENSATION BOARD, EX PARTE TONG (1977) FURTHER EXTENDED THE SCOPE OF JUDICIAL REVIEW. THE COURTS HAVE TAKEN A FIRM AND EMPHATIC STAND TO REGULATE THE OPERATION OF THE SCHEME WHENEVER REQUIRED. FOOTNOTES ARE PROVIDED. (LWM)