Victim Support And Compensation
✅ 1. What Does the Law Say?
In the UK, victims of crime are supported and compensated through:
Criminal Injuries Compensation Scheme (CICS): Financial compensation for victims of violent crimes.
Victims’ Code of Practice (VCoP): Legal rights for victims — updates, special measures in court, etc.
Compensation orders: Courts can order convicted offenders to pay victims for loss or injury.
Victim surcharge: Paid by offenders, used to fund victim services.
🧑⚖️ 2. Detailed Case Law – How the Courts Interpret Victim Support & Compensation
1. R v. Kefford (2002)
Issue: When should courts use compensation orders?
Facts:
The defendant was convicted of assault and the court imposed a compensation order instead of imprisonment.
Ruling:
Court of Appeal upheld the order, stating that compensation can reflect the seriousness of the harm and is valid even where a custodial sentence might seem appropriate.
Significance:
Confirms that compensation can be used alongside or instead of prison.
Shows the law values victim restoration.
2. R v. McDonagh (2009)
Issue: Can the court issue a compensation order if the offender has no obvious income?
Facts:
Defendant argued he couldn’t afford to pay compensation.
Ruling:
Court held that the order was still valid — ability to pay is relevant but not decisive.
Significance:
Encouraged courts to issue compensation orders even if payment might be slow.
Victims’ needs take precedence over offender’s comfort.
3. R (DSD and NBV) v. Commissioner of Police of the Metropolis (2018)
Issue: Do victims have a right to effective investigation?
Facts:
Victims of the “Black Cab rapist” John Worboys sued the police for failing to properly investigate.
Ruling:
Supreme Court held that the police violated victims’ human rights by failing to investigate effectively under Article 3 (ECHR).
Significance:
Landmark ruling: Victims have enforceable rights under human rights law.
Not just support and money — but proper treatment by authorities.
4. R v. Bibi (1980)
Issue: Conflict between compensation and retribution.
Facts:
Defendant was convicted of fraud and sentenced to probation + compensation order.
Ruling:
Court held that if a compensation order serves justice and victim interest, it can be preferred over prison.
Significance:
Victim-focused sentencing isn’t a soft option — it serves justice.
Started trend of restorative justice in the UK.
5. R v. Inwood (2009)
Issue: Can compensation cover emotional distress?
Facts:
The victim of harassment sought compensation for psychological harm.
Ruling:
Court awarded compensation not just for physical injury but also for distress and mental harm.
Significance:
Confirms that mental health injuries are compensable.
Expanded scope of criminal injuries compensation.
6. Criminal Injuries Compensation Authority (CICA) v. First-tier Tribunal (2014)
Issue: Can victims of crimes committed abroad claim compensation?
Facts:
A UK resident was injured abroad and applied under the scheme.
Ruling:
Tribunal upheld CICA’s rejection — the scheme applies to crimes in the UK.
Significance:
Clarified geographical limits of state compensation.
Emphasised need for statutory interpretation in victim law.
7. R v. Jones (2020)
Issue: How much weight should be given to victim impact statements?
Facts:
Defendant argued that victim's emotional account was exaggerated.
Ruling:
Court accepted the validity and importance of victim impact statements when setting sentence and compensation.
Significance:
Victim’s voice is central.
Psychological and emotional harm are taken seriously.
📊 Summary Table
| Case | Legal Point | Key Takeaway |
|---|---|---|
| Kefford (2002) | Compensation as sentence | Can substitute for custody |
| McDonagh (2009) | Affordability | Courts can impose even if offender lacks funds |
| DSD (2018) | Victim rights | Right to effective investigation |
| Bibi (1980) | Victim-focused justice | Compensation can serve justice |
| Inwood (2009) | Mental distress | Psychological injuries = compensable |
| CICA (2014) | Jurisdiction | Scheme only covers crimes in UK |
| Jones (2020) | Victim statements | Courts give them serious weight |
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