A and B, R (On the Application Of) v Criminal Injuries Compensation Authority [2017] EWHC 2 (Admin) (12 January 2017)

A and B, R (On the Application Of) v Criminal Injuries Compensation Authority [2017] EWHC 2 (Admin) (12 January 2017)

The exclusion of applicants with unspent convictions resulting in custodial or community sentences from the Criminal Injuries Compensation Scheme does not breach Article 1 Protocol 1 of the ECHR because the claimants never had a possession within the meaning of A1P1. Even if Article 14 applies, the exclusion is justified, rational, and not manifestly without reasonable foundation. The Scheme is not ultra vires or irrational, and there is no breach of the Anti-Trafficking Directive.

Citation
[2017] EWHC 2 (Admin)
Parties
Claimant: A; Claimant: EB; Claimant: EC; Defendant: Criminal Injuries Compensation Authority; Defendant: The Lord Chancellor and Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
12 January 2017
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claims dismissed
Legal Topics
Criminal Injuries Compensation Scheme, European Convention on Human Rights, Article 1 Protocol 1, Article 14, Discrimination, Proportionality, Judicial Review, Trafficking Directive
Public Law Human Rights Law Administrative Law Criminal Injuries Compensation Scheme European Convention on Human Rights Article 1 Protocol 1 Article 14 Discrimination +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 29 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A

Claimant

EB

Claimant

EC

Claimant

Criminal Injuries Compensation Authority

Defendant

The Lord Chancellor and Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Criminal Injuries Compensation Scheme 2012 is unlawful for excluding applicants with unspent convictions resulting in custodial or community sentences
  2. 2 Whether such exclusion breaches Article 1 Protocol 1 (A1P1) of the ECHR
  3. 3 Whether such exclusion is unjustifiably discriminatory under Article 14 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 1 Protocol 1 of the ECHR because the claimants never had a possession within the meaning of A1P1. Even if Article 14 applies, the exclusion is justified, rational, and not manifestly without reasonable foundation. The Scheme is not ultra vires or irrational, and there is no breach of the Anti-Trafficking Directive.

Court Disposition

Claims dismissed

Orders

  • Application for judicial review refused
  • No order for compensation under the Scheme