House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

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