A and B v Criminal Injuries Compensation Authority & Anor [2018] EWCA Civ 1534 (03 July 2018)

A and B v Criminal Injuries Compensation Authority & Anor [2018] EWCA Civ 1534 (03 July 2018)

The exclusion of applicants with unspent convictions resulting in custodial or community sentences from the Criminal Injuries Compensation Scheme does not breach Article 17 of Directive 2011/36/EU, as victims of trafficking have access to the Scheme on the same terms as other applicants. The exclusionary rule is not discriminatory under Article 14 ECHR read with Article 4, as it pursues a legitimate aim, is proportionate, and is not manifestly without reasonable foundation. The Scheme provides sufficient safeguards for victims whose offences arise from trafficking, and the margin of appreciation afforded to the State in such matters is wide.

Citation
[2018] EWCA Civ 1534
Parties
Appellants: A and B; First Respondent: Criminal Injuries Compensation Authority; Second Respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
03 July 2018
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Compensation for Victims of Crime, Discrimination, Trafficking in Human Beings, Interpretation of EU Directives, Article 4 and 14 ECHR, Criminal Injuries Compensation Scheme
Human Rights Law Administrative Law European Union Law Compensation for Victims of Crime Discrimination Trafficking in Human Beings Interpretation of EU Directives Article 4 and 14 ECHR +1 more

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Parties

A and B

Appellants

Criminal Injuries Compensation Authority

First Respondent

Secretary of State for Justice

Second Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the Criminal Injuries Compensation Scheme's exclusion of applicants with unspent convictions breaches Article 17 of Directive 2011/36/EU
  2. 2 Whether the Scheme amounts to unjustified discrimination contrary to Article 14 ECHR read with Article 4 ECHR

Ratio Decidendi

The exclusion of applicants with unspent convictions resulting in custodial or community sentences from the Criminal Injuries Compensation Scheme does not breach Article 17 of Directive 2011/36/EU, as victims of trafficking have access to the Scheme on the same terms as other applicants. The exclusionary rule is not discriminatory under Article 14 ECHR read with Article 4, as it pursues a legitimate aim, is proportionate, and is not manifestly without reasonable foundation. The Scheme provides sufficient safeguards for victims whose offences arise from trafficking, and the margin of appreciation afforded to the State in such matters is wide.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the exclusionary provisions of the Criminal Injuries Compensation Scheme are lawful.