R (A) v Criminal Injuries Compensation Authority

Subject Matter

CRIME — Criminal Injuries Compensation Authority — Compensation, whether payable — Lithuanian nationals with unspent convictions in Lithuania for offences for which they had served custodial sentences applying for compensation as victims of subsequent trafficking — Applications refused on basis of unspent convictions — Whether terms of compensation scheme in breach of Directive providing for victims of trafficking to have access to existing compensation schemes — Whether amounting to unjustified discrimination in enjoyment of Convention rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 4, 14 — Criminal Injuries Compensation Scheme (2012), Annex D, para 3 — Parliament and Council Directive 2011/36/EU, art 17

[2018] EWCA Civ 1534; [2018] 1 WLR 5361; [2018] WLR(D) 410, CA

CRIME — Criminal Injuries Compensation Authority — Compensation, whether payable — Claimants with unspent convictions for offences for which they had served custodial sentences applying for compensation as victims of subsequent trafficking — Compensation scheme precluding compensation to applicants with unspent convictions resulting in custodial sentences — Whether scheme discriminating against claimants in enjoyment of Convention rights — Whether within ambit of Convention right not to be held in slavery or required to perform forced labour — Whether having relevant unspent conviction “other status” — Whether difference in treatment arising from scheme justified — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 4, 14 — Criminal Injuries Compensation Scheme (2012), para 26, Annex D, para 3

[2021] UKSC 27; [2021] 1 WLR 3746; [2022] 1 All ER 577; [2021] WLR(D) 389; The Times, 19 July 2021, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
New Judgment: A and B v Criminal Injuries Compensation Authority and Anor [2021] UKSC 27 Case comment

Blackstones Criminal Practice 2025
Human Trafficking and Exploitation: MSA 2015, ss. 2 and 3 B22.5