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11 August 2021
Issue: 7945 / Categories: Legal News , Criminal
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Judge orders rethink of blanket exclusion

The High Court has ordered the government to consult on its ‘unspent conviction rule’ for criminal injuries compensation

Under the rule, introduced in 2012, victims of crime are automatically excluded from compensation if they have an unspent conviction at the time of their application. Prior to 2012, there was discretion to consider exceptional circumstances.

Critics of the rule pointed out it disproportionately affected victims of child sex abuse and, in 2018, the Independent Inquiry into Child Sex Abuse (IICSA) recommended the rule be changed. In response, the government set out its Victims Strategy, which included consulting on the IICSA recommendations.

The Ministry of Justice, however, later refused to consult and said an internal review had been conducted and the rule would not be changed.

Kim Mitchell, a survivor of a sexual assault by a school teacher when she was eight years old, brought a judicial review. She was refused compensation for the harm she suffered because of a minor Public Order Act offence she committed nearly 30 years later.

She argued she had a ‘legitimate expectation, based on clear and unambiguous representations’ made in the Victims Strategy that they would consult on the rule.

Ruling in R (oao Mitchell) v Secretary of State for Justice [2021] EWHC 2248 (Admin), Mrs Justice Lang agreed the Justice Secretary’s decision not to consult on the issue was a breach of his promise and ordered he conduct a public consultation.

Lang J said a legal obligation may arise from a legitimate expectation of consultation, and a legitimate expectation may arise from an express promise or representation made by a public body.

Mitchell’s solicitor at the Centre for Women’s Justice, Debaleena Dasgupta, said: ‘Too often the government makes public statements which imply they will address concerns, but then take decisions behind closed doors which don’t.’

Issue: 7945 / Categories: Legal News , Criminal
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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