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20 April 2007 / Peter Ferguson KC
Issue: 7263 / Categories: Features , Public , Human rights
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Lost years

Is the compensation scheme for unlawful imprisonment unjust? Peter Ferguson reports

The decision of the House of Lords in R (O’Brien) v Independent Assessor [2007] UKHL 10, [2007] All ER (D) 239 (Mar) will be of importance not only to people who have an existing claim for compensation under the Criminal Justice Act 1988 (CJA 1988), s 133 but also for those whose claims had been accepted, by 19 April 2006, for an ex gratia payment. It is open to speculation whether the majority’s conclusions may have been influenced by the recent government policy change.

In a ministerial statement in April 2006 the Home Secretary announced, with immediate effect, the abolition of the discretionary scheme and the independent assessor’s new approach of discounting under CJA 1988, s 133(4A) at a higher rate any non-pecuniary awards to reflect the claimant’s previous record and conduct leading to his wrongful imprisonment. The government also proposed legislating to allow reduction in the total award—in exceptional cases, even to nil—to reflect prior record and bad conduct; to cap individual

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MOVERS & SHAKERS

Switalskis—five appointments

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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