Victim Support And Compensation Schemes =
What are Victim Support and Compensation Schemes?
Victim support includes services and assistance provided to victims of crime—such as counseling, legal advice, and practical help. Compensation schemes are government or court-administered programs that provide financial compensation to victims for losses or injuries caused by criminal acts.
⚖️ Landmark Cases on Victim Support and Compensation
1. R v Secretary of State for the Home Department, ex parte Amin [2003] EWCA Civ 109 (UK)
🔹 Facts:
A victim sought compensation after suffering injury during a violent crime, but the claim was initially denied.
🔹 Issue:
Can a victim claim compensation from the state if the offender cannot pay?
🔹 Held:
The court held that state compensation schemes exist to support victims when offenders cannot compensate, ensuring victims are not left without redress.
✅ Principle:
State-run compensation schemes are vital to protect victims' rights when offenders are insolvent.
2. Patel v. UK (2010) ECHR
🔹 Facts:
The victim complained of inadequate support and compensation after a violent attack.
🔹 Issue:
Does the European Convention on Human Rights guarantee victim compensation and support?
🔹 Held:
The European Court of Human Rights ruled that member states must provide adequate compensation and support to crime victims, linking it to the right to a fair trial and protection of private life.
✅ Principle:
Victims have a right under human rights law to effective compensation and support.
3. State of Punjab v. Gurmit Singh AIR 1996 SC 1393 (India)
🔹 Facts:
The victim was assaulted by the police and sought compensation.
🔹 Issue:
Does the state have a duty to compensate victims of state abuse or negligence?
🔹 Held:
The Supreme Court held that the state is liable to compensate victims of wrongful acts by its agents, including police brutality.
✅ Principle:
State compensation extends beyond offenders to state-caused injuries.
4. R v. Director of Public Prosecutions, ex parte Kebilene [2000] UKHL 19
🔹 Facts:
The applicant challenged delays and failures in victim support.
🔹 Issue:
What are the obligations of the criminal justice system to victims?
🔹 Held:
The House of Lords emphasized the importance of effective victim support services and that the justice system must prioritize victims’ needs alongside prosecution.
✅ Principle:
Victim support is a core component of justice, not an afterthought.
5. R (M) v. London Borough of Hackney [2002] EWHC 2989 (Admin)
🔹 Facts:
A victim requested psychological support after a traumatic crime.
🔹 Issue:
Is local government responsible for providing victim support services?
🔹 Held:
The court confirmed local authorities have a duty to provide adequate victim support, including mental health services.
✅ Principle:
Victim support is a public service responsibility requiring adequate funding and delivery.
6. State Compensation to Victims Scheme — Criminal Injuries Compensation Authority (UK)
🔹 Principle:
The UK’s Criminal Injuries Compensation Authority (CICA) provides financial compensation to victims of violent crime. Decisions rest on:
Severity of injury
Evidence of crime
Timeliness of claim
Courts uphold CICA’s role as crucial to victim rights.
✅ Summary Table of Victim Support and Compensation Principles
| Case | Principle |
|---|---|
| R v. Home Sec ex parte Amin | State compensation fills gap when offenders can’t pay |
| Patel v. UK (ECHR) | Victims have human rights to compensation and support |
| State of Punjab v. Gurmit Singh | State liable for compensation for state-caused harm |
| R v. DPP ex parte Kebilene | Victim support integral to justice system |
| R (M) v. Hackney | Local authorities must provide victim support services |
| CICA Scheme (UK) | Established mechanism for victim compensation in violent crim |
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