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| | “276A | Miscarriages of justice: amount of compensation |
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| | (1) | This section applies where an assessor is required to assess the amount |
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| | of compensation payable to or in respect of a person under section 276 |
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| | for a miscarriage of justice. |
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| | (2) | In assessing so much of any compensation payable under section 276 |
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| | as is attributable to suffering, harm to reputation or similar damage, |
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| | the assessor must have regard in particular to— |
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| | (a) | the seriousness of the offence of which the person was |
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| | convicted and the severity of the punishment resulting from |
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| | (b) | the conduct of the investigation and prosecution of the |
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| | (3) | The assessor may make from the total amount of compensation that |
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| | the assessor would otherwise have assessed as payable under section |
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| | 276 any deduction or deductions that the assessor considers |
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| | appropriate by reason of either or both of the following— |
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| | (a) | any conduct of the person appearing to the assessor to have |
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| | directly or indirectly caused, or contributed to, the conviction |
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| | (b) | any other convictions of the person and any punishment |
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| | (4) | If, having had regard to any matters falling within subsection (3)(a) or |
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| | (b), the assessor considers that there are exceptional circumstances |
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| | which justify doing so, the assessor may determine that the amount of |
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| | compensation payable under section 276 is to be a nominal amount |
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| | (5) | The total amount of compensation payable to or in respect of a person |
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| | under section 276 for a particular miscarriage of justice must not |
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| | exceed the overall compensation limit. |
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| | (6) | The total amount of compensation payable under section 276 for a |
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| | person’s loss of earnings or earnings capacity in respect of any one |
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| | year must not exceed the earnings compensation limit. |
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| | | That limit is an amount equal to 1.5 times the median annual gross |
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| | earnings according to the latest figures published by the Office of |
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| | National Statistics at the time of the assessment. |
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| | (7) | The Secretary of State may by order amend subsection (5) or (6) so as |
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| | to alter the amount for the time being specified as the overall |
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| | compensation limit or the earnings compensation limit.” |
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| | 12 | In section 373 (orders, regulations etc.) in subsection (3)(a), after “113,” insert |
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| | Transitional provisions: compensation for miscarriage of justice |
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| | 13 (1) | Paragraph 10(3) has effect in relation to any application for compensation |
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| | (a) | a conviction which is reversed, and |
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| | (b) | a pardon which is given, |
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| | | on or after the commencement date. |
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| | (2) | Paragraphs 10(4) and 11 have effect in relation to— |
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| | (a) | any application for compensation made on or after the commencement |
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| | (b) | any application for compensation made before that date in relation to |
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| | which the question whether there is a right to compensation has not |
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| | been determined before that date by the Secretary of State under |
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| | section 276(4) of the 2006 Act. |
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| | (3) | Paragraph 10(5) has effect in relation to any conviction quashed on an appeal |
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| | out of time in respect of which an application for compensation has not been |
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| | made before the commencement date. |
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| | (4) | Paragraph 10(5) so has effect whether a conviction was quashed before, on or |
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| | after the commencement date. |
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| | (a) | a conviction which is reversed, or |
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| | (b) | a pardon which is given, |
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| | | before the commencement date but in relation to which an application for |
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| | compensation has not been made before that date, any such application must |
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| | be made before the end of the period of 2 years beginning with that date. |
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| | (6) | But the Secretary of State may direct that an application for compensation in |
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| | relation to a case falling within sub-paragraph (5) which is made after the end |
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| | of that period is to be treated as if it had been made before the end of that period |
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| | if the Secretary of State considers that there are exceptional circumstances |
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| | “the 2006 Act” means the Armed Forces Act 2006 (c. 52); |
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| | “application for compensation” means an application for compensation |
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| | made under section 276(3) of the 2006 Act; |
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| | “the commencement date” means the date on which paragraphs 10 and 11 |
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| | “reversed” has the same meaning as in section 276(1) of the 2006 Act (as |
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| | amended by paragraph 10(5)).’. |
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| Title, line 4, after ‘Prisons’ insert ‘and the Northern Ireland Commissioner for Prison |
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| Title, line 8, after ‘criminality;’, insert ‘to amend the Extradition Act 2003;’. |
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