header-logo header-logo

11 August 2021
Issue: 7945 / Categories: Legal News , Criminal
printer mail-detail

Judge orders rethink of blanket exclusion

The High Court has ordered the government to consult on its ‘unspent conviction rule’ for criminal injuries compensation

Under the rule, introduced in 2012, victims of crime are automatically excluded from compensation if they have an unspent conviction at the time of their application. Prior to 2012, there was discretion to consider exceptional circumstances.

Critics of the rule pointed out it disproportionately affected victims of child sex abuse and, in 2018, the Independent Inquiry into Child Sex Abuse (IICSA) recommended the rule be changed. In response, the government set out its Victims Strategy, which included consulting on the IICSA recommendations.

The Ministry of Justice, however, later refused to consult and said an internal review had been conducted and the rule would not be changed.

Kim Mitchell, a survivor of a sexual assault by a school teacher when she was eight years old, brought a judicial review. She was refused compensation for the harm she suffered because of a minor Public Order Act offence she committed nearly 30 years later.

She argued she had a ‘legitimate expectation, based on clear and unambiguous representations’ made in the Victims Strategy that they would consult on the rule.

Ruling in R (oao Mitchell) v Secretary of State for Justice [2021] EWHC 2248 (Admin), Mrs Justice Lang agreed the Justice Secretary’s decision not to consult on the issue was a breach of his promise and ordered he conduct a public consultation.

Lang J said a legal obligation may arise from a legitimate expectation of consultation, and a legitimate expectation may arise from an express promise or representation made by a public body.

Mitchell’s solicitor at the Centre for Women’s Justice, Debaleena Dasgupta, said: ‘Too often the government makes public statements which imply they will address concerns, but then take decisions behind closed doors which don’t.’

Issue: 7945 / Categories: Legal News , Criminal
printer mail-details

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll