Looking Beyond Great Britain: The Development of Criminal Injuries Compensation (From Handbook of Victims and Victimology, P 337-362, 2007, Sandra Walklate, ed. -- See NCJ-223143)

• NCJ Number: 223155
• Author(s): David Miers
• Date Published: 2007
• Length: 26 pages
• Sale Source: Willan Publishing
• Publication Format: Book Chapter
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This chapter reviews the development of Great Britain's Criminal Injuries Compensation Scheme ("the Scheme") for crime victims; describes the Scheme's operation, with attention to aspects that were the focus of a fundamental review in 2005/2006; and discusses issues that are of concern regarding the Scheme's future scope and the broader European focus on crime victim compensation.

Abstract

The original, nonstatutory Scheme was established in 1964. Various justifications were offered for its establishment. The Home Office has always denied that the state has any legal liability for criminal injuries to victims; however, it has repeatedly affirmed that the government recognizes the public's sense of responsibility for, and sympathy with, the "innocent" victim of a violent crime. Such a rationale, however, presents both policy and operational difficulties when crime victims have significant criminal records or engaged in conduct that contributed to their victimization and associated injuries. How the Scheme has dealt with these issues is discussed in the chapter. The description of the Scheme's operation in Great Britain and Northern Ireland since the mid-1990s addresses its structure, the definition of criminal injuries, proof of criminal injuries, restrictions for eligibility, and the financial threshold. Consideration of the future of the Scheme notes that it is politically inconceivable that some version of the Scheme will not continue to be a part of the criminal justice system's response to violent crime. It will continue to be limited, however, by the amount that the Home Office can budget for victim support in general and the Scheme in particular. Targeting particular injuries may be a device for reducing state expenditure. A less cynical response is to acknowledge what the research confirms, i.e., that crime victims primarily value the provision of information relevant to their desires and needs, immediate practical help, and sympathetic support. 47 notes and 62 references