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Compensating deserving victims of violent crime: the Criminal Injuries Compensation Scheme 2012

Miers, David Robert 2014. Compensating deserving victims of violent crime: the Criminal Injuries Compensation Scheme 2012. Legal Studies 34 (2) , pp. 242-278. 10.1111/lest.12013

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Abstract

Following the enactment of the Criminal Injuries Compensation Act 1995, a new Criminal Injuries Compensation Scheme came into force, replacing the non-statutory version that was introduced in 1964. The statutory Scheme retained the occasions for compensation but broke the link with common law damages, providing instead for payments to be made on the basis of a tariff of injury awards. But it continued to make payments for loss of earnings, special expenses and additional compensation in fatal cases. Minor revisions were made in 2001 and 2008, but following the government's consultation, ‘Getting it Right for Victims and Witnesses’, a major revision took effect in November 2012. Made largely to reduce public expenditure, this revision substantially limits both the numbers of victims of violent crime to be compensated and the levels of their awards. While this marks a further shift away from the original common law model, the 2012 Scheme remains a unique taxpayer-funded response to victims of violent crime, again prompting the question: why, and to what, extent should the state make financial provision for victims of violent crime that goes beyond welfare? This paper analyses the implications of the government's answer for the Scheme's scope and implementation.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: H Social Sciences > HV Social pathology. Social and public welfare
K Law > KD England and Wales
Publisher: Wiley-Blackwell
ISSN: 0261-3875
Last Modified: 25 Feb 2019 14:20
URI: http://orca.cf.ac.uk/id/eprint/61510

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