Criminal Injuries Compensation Scheme Review: supplementary consultation

Overview

A consultation on the unspent convictions eligibility rule of the Criminal Injuries Compensation Scheme 2012.

This consultation seeks to gather views on whether or not to revise the unspent convictions eligibility rule of the Criminal Injuries Compensation Scheme 2012 (the Scheme).

Unspent convictions may result in an applicant’s compensation award being reduced or withheld depending on the sentence that has been imposed for the offence committed. The current rule in the 2012 Scheme provides that an applicant is not eligible for compensation where they have an unspent conviction for an offence that has resulted in one of the custodial or community sentences listed in paragraph 3 of Annex D. The rule is intended to prevent individuals who have committed serious illegal acts from benefitting from state-funded compensation.

In 2020, the government launched the Criminal Injuries Compensation Review which consulted on proposals to improve the experience of victims applying to the Scheme, by making it simpler and easier to navigate. In this consultation the unspent convictions rule was examined and set out conclusions for proposing no change. However, in August 2021, the High Court ruled that a legitimate expectation to consult on the issue created in the Victims’ Strategy of 2018 had been breached, and an order was made for a public consultation to take place on whether the rule should be revised.

We are therefore publishing this supplementary consultation to invite views on retaining the rule unchanged and on potential reforms. A decision about whether to revise the rule, and if so how, will be made after careful consideration of all views and representations made by respondents both to this and the 2020 consultation.