A & Anor. v Criminal Injuries Compensation Authority & Anor.

A & Anor. v Criminal Injuries Compensation Authority & Anor.

The exclusion of victims of trafficking 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 it provides access to the existing scheme subject to its rules. The exclusionary rule is not unjustifiably discriminatory under Article 14 ECHR read with Article 4, as it pursues a legitimate aim, is rationally connected to that aim, is proportionate, and falls within the State's margin of appreciation. The scheme is nuanced and justified; the appeal is dismissed.

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
Civil Appeal (judicial Review) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Trafficking in Human Beings, Discrimination, Compensation Schemes, Judicial Review, European Convention on Human Rights, EU Law
Human Rights Law Administrative Law Compensation Law Trafficking in Human Beings Discrimination Compensation Schemes Judicial Review European Convention on Human Rights +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

Civil Appeal (judicial Review) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

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

Ratio Decidendi

The exclusion of victims of trafficking 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 it provides access to the existing scheme subject to its rules. The exclusionary rule is not unjustifiably discriminatory under Article 14 ECHR read with Article 4, as it pursues a legitimate aim, is rationally connected to that aim, is proportionate, and falls within the State's margin of appreciation. The scheme is nuanced and justified; the appeal is dismissed.

Court Disposition

Appeal dismissed