A and B, R (On the Application Of) v Criminal Injuries Compensation Authority

A and B, R (On the Application Of) v Criminal Injuries Compensation Authority

The Scheme's exclusion of applicants with unspent convictions resulting in custodial or community sentences does not constitute an unlawful interference with possessions under Article 1 Protocol 1 ECHR, nor unjustifiable discrimination under Article 14; the Scheme lawfully implements eligibility criteria, is not ultra vires, irrational, or in breach of Article 17 of Directive 2011/36/EU; Parliament's judgment is not manifestly without reasonable foundation.

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 / Final Judgment
Outcome
Claims dismissed
Legal Topics
Criminal Injuries Compensation Scheme, European Convention on Human Rights, Discrimination, Trafficking, Ultra Vires, Compensation, Judicial Review
Public Law Human Rights Administrative Law Criminal Injuries Compensation Scheme European Convention on Human Rights Discrimination Trafficking Ultra Vires +2 more

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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 / Final Judgment

Legal Issues

  1. 1 Whether the Criminal Injuries Compensation Scheme's exclusion of applicants with unspent convictions is unlawful under Article 1 Protocol 1 and Article 14 ECHR
  2. 2 Whether the Scheme breaches Article 17 of Directive 2011/36/EU (Anti-Trafficking Directive)
  3. 3 Whether the Scheme is ultra vires the statutory powers

Ratio Decidendi

The Scheme's exclusion of applicants with unspent convictions resulting in custodial or community sentences does not constitute an unlawful interference with possessions under Article 1 Protocol 1 ECHR, nor unjustifiable discrimination under Article 14; the Scheme lawfully implements eligibility criteria, is not ultra vires, irrational, or in breach of Article 17 of Directive 2011/36/EU; Parliament's judgment is not manifestly without reasonable foundation.

Court Disposition

Claims dismissed