Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Abolition of the ‘same roof’ rule

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At the end of February 201, the Government announced that it was introducing a measure to amend the criminal juries compensation scheme. The amendment would abolish the rule that a victim could not claim compensation under the scheme where he/she lived under the same roof at the perpetrator.

The ‘same roof rule’ was part of the original scheme introduced in 1964 and was intended to ensure perpetrators would not benefit from compensation paid to victims they lived with.

It was amended in October 1979 so future victims could claim compensation if they no longer lived with their attacker and were unlikely to do so again. However, as is common with many changes to the law, this was not made retrospective – which meant some victims may have missed out on compensation if they were a victim of a violent crime before the law change.

A statutory instrument, laid in Parliament on 28 Feb 2019, will remove the pre-1979 rule completely – enabling more victims access to compensation.

Ministers had recognised the rule’s unfair impact on victims of crimes such as child sexual abuse. The move will amend the Criminal Injuries Compensation Scheme so that all victims abused by someone they lived with can reapply for compensation – regardless of when the attack took place.

It will mean that victims who may not have come forward because of the rule, or were previously denied awards under it, will be eligible to claim compensation – with awards being made to those who meet the Scheme’s other criteria.

The ongoing review of the Criminal Injuries Compensation Scheme, which will report later in 2019, will look at, among other things, concerns around the eligibility rules, the definition of ‘violent crime’, and the type of injuries that are covered.

See press announcement https://www.gov.uk/government/news/access-to-compensation-scheme-for-victims-who-lived-with-their-attacker

 

 

 

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Written by lwtmp

March 14, 2019 at 4:57 pm

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