R v Criminal Injuries Compensation Board ex parte Maxted

FACTS:-

The Applicant was the victim of an assault whilst in prison on remand. He applied to the Criminal Injuries Compensation Board for compensation. The application was refused under paragraph 6(c) of the Scheme, which stated:-

“The Board may withhold or reduce compensation if they consider that ……(c) having regard to the conduct of the applicant, before, during or after the events giving rise to the claim or to his character as shown by the criminal convictions or unlawful conduct – and, in applications under paragraphs 15 and 16 below, to the conduct or character as shown by the criminal convictions or unlawful conduct, of the deceased and of the applicant – it is inappropriate that a full award, or any award at all, be granted…..”

The Applicant had convictions for theft, assaulting a police officer, and an indecent assault on a young girl.

HELD:-

Justice Schiemann considered the deliberations of the CICB on the matter as well as paragraphs 37 to 39 of the 1990 Guide to the Scheme as published by the Board. Paragraph 38 said that the Board could completely reject the application if the crimes were serious enough. It was said by the Applicant that the Board had not taken into account the efforts of the Applicant to reform himself. Schiemann J said that the CICB’s letter of determination gave no reason to suppose that this point was not in the mind of the Board.

In relation to the indecent assault, the Applicant argued that the Board had treated that conviction as if it was rape, and therefore that it fell within the serious crimes under Paragraph 38. Schiemann J said that the Board were entitled to take the view that this indecent assault was a matter that should cause it to withhold compensation. This was one of those cases where the Board might have decided the case the other way, but as entitled they chose not to do so.