theForum

Compensation for criminal injuries


https://forum.unlock.org.uk/Topic24517.aspx

By Frances - 10 Apr 17 12:39 PM

Hi All

I didn't know that if you've got a criminal record you might not be able to claim any compensation from the Government if you're the victim of a violent assault. 

Anglia Ruskin just done some research - https://www.anglia.ac.uk/news/rape-victims-being-denied-compensation-study which specifically related to rape victims but the same would no doubt apply if you were a man attacked in the street who had a minor unspent conviction. 

What do others think?

F
By AB2014 - 21 Aug 17 2:52 PM

Deb S - 25 Apr 17 12:57 PM
BenS - 21 Apr 17 2:24 PM
AB2014 - 21 Apr 17 2:04 PM
BenS - 20 Apr 17 11:30 AM
Frances - 10 Apr 17 12:39 PM
Hi All

I didn't know that if you've got a criminal record you might not be able to claim any compensation from the Government if you're the victim of a violent assault. 

Anglia Ruskin just done some research - https://www.anglia.ac.uk/news/rape-victims-being-denied-compensation-study which specifically related to rape victims but the same would no doubt apply if you were a man attacked in the street who had a minor unspent conviction. 

What do others think?

F

I heard about this on Jeremy Vine's BBC Radio 2 chat show a while ago. I think it's disgusting.

They gave many examples of where someone has been the victim of a serious crime but has been denied compensation because they have a conviction for some minor offence many years prior.

The message from the government is that anyone who has made this kind of mistake in their lives is considered less human than others, even if that mistake was a long time ago or if there were mitigating circumstances to the conviction. It is victim-blaming in my mind, saying "you're not really a victim because you did something wrong many years ago".

You're right, this is appalling, especially as their website makes it clear they will only ask about unspent convictions and cautions. If they are taking spent convictions into account, then that seems to be against the Rehabilitation of Offenders Act 1974. It does make you wonder what they actually mean when they talk about rehabilitation....

I don't know if they were asking about spent convictions, but I meant even 4 years is a long time ago in terms of making one mistake and moving on with your life. In any case, it's reprehensible that convictions should even be considered relevant, just like with insurance!

Hi Ben

You're right. They don't take spent convictions into account but even so, they're almost saying that if you've got a criminal record you're less of a victim!!!

Debs

I've just been looking through the rules for the scheme, and they make it clear that if you have an unspent conviction that resulted in a community order, you will not receive anything. If you have an unspent conviction that resulted in a fine, or even a conditional discharge, your payment will be reduced and might be withheld. Whatever your circumstances, in some cases you have to wait until your conviction is spent before you can apply, so some people with unspent convictions that resulted in a prison sentence might not be able to apply within the time limit (two years).