A Labour MP is pushing for a change in the law to make sure people get the money they deserve.
Keir Starmer has promised to establish a national enquiry into grooming gangs (Image: Getty)
Keir Starmer has been told to change a law that means victims of sexual abuse are being denied compensation. It has been reported that individuals, including people groomed by gangs, are being denied cash for having a criminal record, despite the crimes they were convicted of being relating to their trauma. The Criminal Injuries Compensation Scheme (CICS), a Government funded body administered by the Criminal Injuries Compensation Authority (CICA), is designed to compensate victims of violent crime.
It considers cases including those of sexual or physical abuse and mental or physical injury following a crime of violence. Officials warn that not all claims for compensation will be successful, and individuals “must be eligible under the rules of the scheme”. The Government adds that if an applicant has an unspent criminal conviction, it may affect whether they are entitled to an award or the amount of any award.
Sarah Champion is pushing for an amendment (Image: Getty)
Guidance on the Government’s website reads: “Under the scheme, all convictions will be considered in line with the Rehabilitation of Offenders Act 1974 (as amended).
“In general, the more serious the sentence received, and the more recently it was given, the longer the conviction will take to become spent.
Over the last decade, more than 11,000 victims of crime have been denied compensation “because of their criminal records or character”, Sky News found.
At least 348 children were rejected “because of their criminal records”.
Another 130 had reduced awards, including at least 50 victims of sex abuse.
Many grooming gang victims have criminal records due to being exploited, the broadcaster noted.
Labour MP Sarah Champion said: “These people, who are very clearly recognised as victims and survivors, aren’t getting the money that’s owed to them.”
She is pushing for an amendment to the Victims and Courts Bill, that would widen eligibility.
Oakwood Solicitors says that a spent conviction is “no barrier to a claim”, but an unspent conviction is “unacceptable”.
“It does not matter if a conviction is not related to the incident and injuries you are looking to claim for, what matters is if it is spent,” experts add.
They advised that an applicant would not be successful if they have an unspent conviction for an offence which resulted in:
- a sentence excluded from rehabilitation
- a custodial sentence
- a sentence of service detention
- removal from His Majesty’s Service
- a community order
- a youth rehabilitation order, or
- a sentence equivalent to a sentence above imposed under the law of Northern Ireland or a member state of the European Union, or such a sentence properly imposed in a country outside the EU
Officials add: “If you have an unspent conviction which resulted in a sentence not included in the list above, an award will be withheld or reduced unless there are exceptional reasons not to do so.
“This does not apply to a conviction for which the only penalty imposed was one or more of an endorsement, penalty points or a fine under Schedule 2 to the Road Traffic Offenders Act 1988.”
