A FOR JUDICIAL REVIEW OF A DECISION BY THE FIRST-TIERE TRIBUNAL (CRIMINAL INJURIES COMPENSATION) [2022] ScotSC CSOH_41 (18 May 2022)

A FOR JUDICIAL REVIEW OF A DECISION BY THE FIRST-TIERE TRIBUNAL (CRIMINAL INJURIES COMPENSATION) [2022] ScotSC CSOH_41 (18 May 2022)

Any difference in treatment on the ground of residence arising from the Scheme's use of local rehabilitation periods is justified to achieve consistency between criminal injuries compensation and general rehabilitation under the 1974 Act. The Scheme's approach is rationally connected to this objective, is permitted by the legislation, and does not amount to unlawful discrimination under Article 14 ECHR.

Citation
[2022] ScotSC CSOH_41
Parties
Petitioner: A; Respondent: First-tier Tribunal (Criminal Injuries Compensation)
Jurisdiction
Scotland
Judgment Date
18 May 2022
Procedural Posture
Judicial Review / Outer House, Court of Session, Opinion
Outcome
Petition refused
Legal Topics
Discrimination, Criminal Injuries Compensation, Rehabilitation of Offenders, Article 14 ECHR, Indirect Discrimination, Devolution
Public Law Human Rights Law Administrative Law Discrimination Criminal Injuries Compensation Rehabilitation of Offenders Article 14 ECHR Indirect Discrimination +1 more

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Parties

A

Petitioner

First-tier Tribunal (Criminal Injuries Compensation)

Respondent

Procedural Posture

Judicial Review / Outer House, Court of Session, Opinion

Legal Issues

  1. 1 Whether the Criminal Injuries Compensation Scheme unlawfully discriminates on the ground of residence by applying different rehabilitation periods for spent convictions depending on the jurisdiction where the injury occurred.
  2. 2 Whether such differential treatment is justified under Article 14 of the European Convention on Human Rights.

Ratio Decidendi

Any difference in treatment on the ground of residence arising from the Scheme's use of local rehabilitation periods is justified to achieve consistency between criminal injuries compensation and general rehabilitation under the 1974 Act. The Scheme's approach is rationally connected to this objective, is permitted by the legislation, and does not amount to unlawful discrimination under Article 14 ECHR.

Court Disposition

Petition refused

Orders

  • Sustain respondents' third and fourth pleas in law
  • Refuse the petition