Victim Protection And Compensation Research
What is Victim Protection and Compensation?
Victim protection involves safeguarding victims from further harm or intimidation during and after the criminal process. Compensation refers to financial or other reparation awarded to victims for harm or loss caused by criminal acts or sometimes by the state.
⚖️ Landmark Cases on Victim Protection and Compensation
1. A v. Secretary of State for the Home Department [2004] UKHL 56 (UK)
🔹 Facts:
The case challenged the legality of detention conditions for suspected terrorists, which affected detainees but also raised concerns about their victims.
🔹 Issue:
Can the state balance protection of individual rights with victim protection?
🔹 Held:
The House of Lords emphasized that the state must protect victims while respecting human rights. Victim protection cannot come at the cost of unlawful treatment.
✅ Principle:
Victim protection must align with human rights standards, ensuring dignity for all parties.
2. State of Punjab v. Ramdev Singh AIR 1985 SC 657 (India)
🔹 Facts:
The victim was threatened by accused persons during trial.
🔹 Issue:
Does the state have a duty to protect victims and witnesses during prosecution?
🔹 Held:
The Supreme Court ruled that the state must provide protection to victims and witnesses to ensure justice is not thwarted by intimidation.
✅ Principle:
Victim and witness protection is essential for effective justice delivery.
3. McKerr v. United Kingdom (2001) ECHR 40390/98
🔹 Facts:
Relatives of a deceased victim alleged the state failed to investigate and protect.
🔹 Issue:
Did the state violate the right to effective investigation and protection?
🔹 Held:
The European Court of Human Rights held that states have a positive obligation to investigate serious crimes and provide protection to victims or their families.
✅ Principle:
Effective investigation and victim protection are human rights obligations.
4. State of Maharashtra v. Rukhmini AIR 1999 SC 1086 (India)
🔹 Facts:
Victim was severely injured in a criminal act, seeking compensation.
🔹 Issue:
Can victims claim compensation from the state even when the offender is unidentified or insolvent?
🔹 Held:
The Supreme Court allowed compensation to victims from the Victim Compensation Fund, emphasizing victim rights over procedural technicalities.
✅ Principle:
State compensation protects victims when offenders cannot pay.
5. R (On the application of T) v. Secretary of State for the Home Department [2014] EWCA Civ 484
🔹 Facts:
Victims of serious crime sought protective measures against harassment.
🔹 Issue:
Are protective orders effective for victim protection?
🔹 Held:
Court upheld the use of restraining orders and protective injunctions as essential tools to safeguard victims.
✅ Principle:
Legal mechanisms such as restraining orders are vital for victim protection.
6. Criminal Injuries Compensation Authority v. Secretary of State for Justice (UK, 2016)
🔹 Principle:
The CICA provides a structured process for victims to claim compensation. Courts have reinforced its role as an accessible and fair means to compensate victims for injuries from violent crimes.
✅ Summary Table of Victim Protection and Compensation Principles
| Case | Principle |
|---|---|
| A v. Home Dept (2004) | Victim protection must respect human rights |
| State of Punjab v. Ramdev Singh | State must protect victims and witnesses |
| McKerr v. UK (ECHR) | Positive obligation for investigation and victim protection |
| State of Maharashtra v. Rukhmini | Compensation available even if offender is unknown/insolvent |
| R v. Secretary of State (2014) | Restraining orders are effective protective tools |
| CICA Scheme (UK) | Provides accessible compensation to victims |
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