Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will make it his policy to enable the Criminal Injuries Compensation Authority to restore the full value of their grants in cases where a deduction has been made in respect of a compensation order but subsequently discharged.

The government-funded Criminal Injuries Compensation Scheme 2012 (the Scheme) exists to compensate for serious physical or psychological injury attributable to being a direct victim of a crime of violence. It provides an important avenue of redress for such victims and is part of the wider package of general and specialist support available to victims of crime.

The Scheme is a route of last resort and requires awards to be withheld or reduced if an applicant receives a compensation order made in criminal proceedings which the convicted offender is expected to pay. This reflects the long-standing legal principle of avoiding double compensation for the same injury and protects taxpayer funded compensation awards for those unable to access compensation or similar payments by other means. Under the Scheme, once a final award of compensation has been made, there are limited circumstances in which the application can be reconsidered, which are: (a) a person who has accepted an award subsequently dies as a result of the criminal injury giving rise to the award; or (b) there has been so material a change in the applicant’s medical condition resulting from the criminal injury, that allowing the original determination to stand would give rise to an injustice to them.