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Public Bill Committee Proceedings: 29th November 2007      

166

 

Criminal Justice and Immigration Bill, continued

 
 

“276A

Miscarriages of justice: amount of compensation

 

(1)    

This section applies where an assessor is required to assess the amount

 

of compensation payable to or in respect of a person under section 276

 

for a miscarriage of justice.

 

(2)    

In assessing so much of any compensation payable under section 276

 

as is attributable to suffering, harm to reputation or similar damage,

 

the assessor must have regard in particular to—

 

(a)    

the seriousness of the offence of which the person was

 

convicted and the severity of the punishment resulting from

 

the conviction, and

 

(b)    

the conduct of the investigation and prosecution of the

 

offence.

 

(3)    

The assessor may make from the total amount of compensation that

 

the assessor would otherwise have assessed as payable under section

 

276 any deduction or deductions that the assessor considers

 

appropriate by reason of either or both of the following—

 

(a)    

any conduct of the person appearing to the assessor to have

 

directly or indirectly caused, or contributed to, the conviction

 

concerned; and

 

(b)    

any other convictions of the person and any punishment

 

resulting from them.

 

(4)    

If, having had regard to any matters falling within subsection (3)(a) or

 

(b), the assessor considers that there are exceptional circumstances

 

which justify doing so, the assessor may determine that the amount of

 

compensation payable under section 276 is to be a nominal amount

 

only.

 

(5)    

The total amount of compensation payable to or in respect of a person

 

under section 276 for a particular miscarriage of justice must not

 

exceed the overall compensation limit.

 

    

That limit is £500,000.

 

(6)    

The total amount of compensation payable under section 276 for a

 

person’s loss of earnings or earnings capacity in respect of any one

 

year must not exceed the earnings compensation limit.

 

    

That limit is an amount equal to 1.5 times the median annual gross

 

earnings according to the latest figures published by the Office of

 

National Statistics at the time of the assessment.

 

(7)    

The Secretary of State may by order amend subsection (5) or (6) so as

 

to alter the amount for the time being specified as the overall

 

compensation limit or the earnings compensation limit.”

 

12         

In section 373 (orders, regulations etc.) in subsection (3)(a), after “113,” insert

 

“276A(7),”.

 

Part 3

 

Transitional provisions

 

Transitional provisions: compensation for miscarriage of justice

 

13  (1)  

Paragraph 10(3) has effect in relation to any application for compensation

 

made in relation to—


 
 

Public Bill Committee Proceedings: 29th November 2007      

167

 

Criminal Justice and Immigration Bill, continued

 
 

(a)    

a conviction which is reversed, and

 

(b)    

a pardon which is given,

 

            

on or after the commencement date.

 

      (2)  

Paragraphs 10(4) and 11 have effect in relation to—

 

(a)    

any application for compensation made on or after the commencement

 

date, and

 

(b)    

any application for compensation made before that date in relation to

 

which the question whether there is a right to compensation has not

 

been determined before that date by the Secretary of State under

 

section 276(4) of the 2006 Act.

 

      (3)  

Paragraph 10(5) has effect in relation to any conviction quashed on an appeal

 

out of time in respect of which an application for compensation has not been

 

made before the commencement date.

 

      (4)  

Paragraph 10(5) so has effect whether a conviction was quashed before, on or

 

after the commencement date.

 

      (5)  

In the case of—

 

(a)    

a conviction which is reversed, or

 

(b)    

a pardon which is given,

 

            

before the commencement date but in relation to which an application for

 

compensation has not been made before that date, any such application must

 

be made before the end of the period of 2 years beginning with that date.

 

      (6)  

But the Secretary of State may direct that an application for compensation in

 

relation to a case falling within sub-paragraph (5) which is made after the end

 

of that period is to be treated as if it had been made before the end of that period

 

if the Secretary of State considers that there are exceptional circumstances

 

which justify doing so.

 

      (7)  

In this paragraph—

 

“the 2006 Act” means the Armed Forces Act 2006 (c. 52);

 

“application for compensation” means an application for compensation

 

made under section 276(3) of the 2006 Act;

 

“the commencement date” means the date on which paragraphs 10 and 11

 

come into force;

 

“reversed” has the same meaning as in section 276(1) of the 2006 Act (as

 

amended by paragraph 10(5)).’.

 


 

Mr David Hanson

 

Agreed to  369

 

Title,  line  4,  after ‘Prisons’ insert ‘and the Northern Ireland Commissioner for Prison

 

Complaints’.

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

Not called  200

 

Title,  line  8,  after ‘criminality;’, insert ‘to amend the Extradition Act 2003;’.

 


 
 

Public Bill Committee Proceedings: 29th November 2007      

168

 

Criminal Justice and Immigration Bill, continued

 
 

Mr David Hanson

 

Agreed to

 

That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.

 

Bill, as amended, to be reported

 


 
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