Criminal Justice System Debate

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Department: Ministry of Justice

Criminal Justice System

Frank Doran Excerpts
Wednesday 17th October 2012

(11 years, 7 months ago)

Westminster Hall
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Frank Doran Portrait Mr Frank Doran (Aberdeen North) (Lab)
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I add my congratulations to my hon. Friend the Member for Manchester Central (Tony Lloyd) on securing the debate.

I want to associate myself entirely with the comments just made by my hon. Friend the Member for Kilmarnock and Loudoun (Cathy Jamieson). I value her experience as a Member of the Scottish Parliament, and I saw her work in the role to which she referred. I do not want to repeat what she said, but I do want to think a little about how we got to where we are.

Criminal injuries compensation is a relatively new concept. Whenever it was thought about in the past, it was considered to be a payment from the criminal to the victim. Relatively recently, in the 1950s, people started to look seriously at the responsibilities of the state. I will not go through all that history, but the first compensation scheme of its kind anywhere in the world was our compensation scheme, introduced by the Labour Government’s Criminal Injuries Compensation Act 1964.

How that legislation operated was very different from how today’s legislation does. There are three particular things to note about the 1964 Act. The hon. Member for Enfield, Southgate (Mr Burrowes) talked about a contribution to compensation. The 1964 Act based compensation for crime on the compensation that would have been received for a similar civil injury. There was no limit, and that was the downfall of the legislation, because the budget became very high.

In the first year, around 44,000 cases were presented and more than £50 million was paid in compensation. That legislation was the first of its kind in the world, and throughout its gestation and progress through Parliament the Treasury opposed it. That must be noted.

The provisions of the scheme have changed substantially. Compensation payments have been restricted, and we have fixed bands of payments, depending on the gravity of the injury. The current legislation still meets the basic principles of the scheme—that the victims of crime should be compensated for their injuries in certain circumstances.

A financial payment can never fully compensate anyone for a violent crime. Physical and mental scars may take a long time to heal, and some never heal. I was a practising solicitor in Scotland for many years, and dealt with many victims. I also worked in the criminal courts and saw the effect of crime. I have been a victim, not of a violent crime, but it left a few scars that remain today.

It is important that the state should acknowledge the effect of violent crime on individuals—

--- Later in debate ---
Linda Riordan Portrait Mrs Linda Riordan (in the Chair)
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This debate will now end at 4.50 pm.

Frank Doran Portrait Mr Doran
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In the short time available to me, I want to make a simple point. One of the principles behind the 1964 Act was set out in the relevant White Paper:

“The Government do not accept that the State is liable for injuries caused to people by the acts of others. The public does, however, feel a sense of responsibility for and sympathy with the innocent victim, and it is right that this feeling should find practical expression in the provision of compensation on behalf of the community.”

The current Government intend to cut that provision, but I think that principle is still very important. The Treasury lost in 1964, but it looks as though it is winning in 2012. The victims of crime will be the losers.