NCJ Number
143530
Journal
Home Office Research Office and Statistics Department Research Bulletin Issue: 33 Dated: (1993) Pages: 25-29
Date Published
1993
Length
5 pages
Annotation
The British Criminal Justice Act 1988 obliged courts to give reasons whenever they decide not to award compensation to crime victims in terms of loss, injury, or damage. The impact of the Act on the number and level of awards was evaluated using individual case information collected from nine magistrates' courts for the 12-month periods preceding and succeeding implementation of the provisions.
Abstract
The most important change in the year after the 1988 Act was the increase in the proportion of assault cases in which compensation was awarded; 46 percent at magistrates' courts and 28 percent at the Crown Court. However, while the awards for minor injuries were usually within the recommended range, compensation for more serious injuries tended to fall below the levels set in the guidelines. The increase in the use of compensation for property offenses was much smaller. These overall figures conceal very large disparities in the award of compensation between individual magistrates' courts. The most common reasons courts gave for not awarding compensation was that it was not requested by the victim or the offender lacked the means to pay restitution. Although compensation was rarely ordered when the offender was sentenced to prison, more than half of those offenders ordered to pay compensation were also fined. The Act also removed an anomaly whereby compensation for damages to vehicles or property caused by uninsured drivers could be awarded only if a vehicle involved in an incident was stolen. The Home Office will issue further guidance to the courts to deal with some of the issues raised by this research. 3 references