Victims of violent crime are to have their criminal injuries compensation reduced if they themselves have previously been convicted of minor offences such as speeding, under a controversial new Government policy.
It is expected that the policy will save the Government millions of pounds but it could affect up to 5 million motorists.
The new policy could mean that victims of unprovoked violent crimes could lose out on thousands of pounds of compensation. Rape victims and families of murder victims could see their compensation reduced from the standard award of £11,000 by £1,650. In an extreme example, an assault victim suffering a severe brain injury could lose £37,500 from their compensation merely if they have been given a £100 speeding fine within the past 2 years.
Critics have slammed the new proposals and the Shadow Justice Secretary Dominic Grieve has said “The idea that a rape victim or the parents of a murdered child should have their compensation docked for a speeding conviction years earlier is a revolting proposition.” The Conservatives believe the Government is attempting to save £25m in public spending however the Ministry of Justice have not commented on how much money the Government will save as a result of the new rules.
Criminal Injuries Compensation can already be reduced where “the applicant’s character as shown by his criminal convictions makes it inappropriate that a full award should be made” but this rule never included minor offences where the person was fined less than £250 or who was fined more than 2 years prior to the claim.
A spokesperson has insisted that a full consultation has been carried out to ensure that the new rules are fair and consistent. There is a suggestion that if you’ve committed a driving offence then you have cost the justice system money and this should be reflected if you receive compensation later on.
However, the counter argument is that if you have paid a fine, then you have already paid money into the justice system as a result of the minor offence. There is also surely a question mark over whether this policy goes against the double jeopardy rules of justice?
If you have been a victim of an unprovoked violent attack, you may be eligible to make a claim for criminal injuries compensation. If you would like further information on making a claim for compensation, please complete our enquiry form and one of our specialist solicitors will contact you. Alternatively please call us on 0800 849 2220
