A and B v Criminal Injuries Compensation Authority and another

A and B v Criminal Injuries Compensation Authority and another

The exclusion of victims of trafficking with unspent convictions from compensation under the CICS does not constitute unjustified discrimination under Article 14 read with Article 4 ECHR. The scheme's exclusionary rule is justified, proportionate, and not manifestly without reasonable foundation, as it pursues the legitimate aim of limiting compensation to those considered blameless and is rationally connected to that aim.

Parties
Appellants: A and B; Respondent: Criminal Injuries Compensation Authority; Respondent: Secretary of State for Justice; Intervener: Anti Trafficking and Labour Exploitation Unit
Jurisdiction
England and Wales
Judgment Date
09 July 2021
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Discrimination, Compensation for Victims of Crime, Trafficking in Persons, Judicial Review, European Convention on Human Rights
Human Rights Law Administrative Law Criminal Law Discrimination Compensation for Victims of Crime Trafficking in Persons Judicial Review European Convention on Human Rights

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Parties

A and B

Appellants

Criminal Injuries Compensation Authority

Respondent

Secretary of State for Justice

Respondent

Anti Trafficking and Labour Exploitation Unit

Intervener

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the exclusion of victims of trafficking with unspent convictions from compensation under the Criminal Injuries Compensation Scheme constitutes unjustified discrimination in breach of Article 14 read with Article 4 ECHR.

Ratio Decidendi

The exclusion of victims of trafficking with unspent convictions from compensation under the CICS does not constitute unjustified discrimination under Article 14 read with Article 4 ECHR. The scheme's exclusionary rule is justified, proportionate, and not manifestly without reasonable foundation, as it pursues the legitimate aim of limiting compensation to those considered blameless and is rationally connected to that aim.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.