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To ask the Secretary of State for Justice, what guidance is provided to the Criminal Injuries Compensation Authority on the proportionality of evidence requests made to applicants; and what steps he is taking to ensure that requests for historic financial and medical records do not present a challenge to victims...
To ask the Secretary of State for Justice, what guidance is provided to the Criminal Injuries Compensation Authority on the proportionality of evidence requests made to applicants; and what steps he is taking to ensure that requests for historic financial and medical records do not present a challenge to victims...
The Criminal Injuries Compensation Authority (CICA) is an executive agency of the Ministry of Justice. Its decisions are made independently from the Secretary of State for Justice.
The amount of compensation CICA can award and the rules which apply are set out in the Criminal Injuries Compensation Scheme 2012 (the 2012 Scheme).
The 2012 Scheme was made by the Secretary of State and approved by Parliament
CICA claims officers assess applications under the 2012 Scheme. Each application is assessed on the balance of probabilities based on their own facts and the information available.
The 2012 Scheme requires applicants to give CICA information which is reasonably required to assess their eligibility. This includes medical and other information to assess injuries and losses.
Information about pre-existing medical conditions may be required because the claims officer must consider whether those conditions were exacerbated or accelerated by the crime. Information about employment may be required to assess eligibility for past and future loss of earnings. Under the Scheme, a loss of earnings award requires the applicant to have been in paid work on the date of the crime or for three years before the crime.
CICA’s guidance for claims officers is published on GOV.UK
New clauses discussed. New clause 5 (Pornographic content: online harmful content) discussed with New clause 6 (Pornographic content: duty to verify age), New clause 7 (Pornographic content: duty to safeguard against illegal content), New clause 51 (Amendment of possession of extreme pornographic images). New clause 5 withdrawn. New clause 9 (CCTV on railway network) withdrawn. New clause 19 (Safeguards for the use of facial recognition technology in public spaces) withdrawn. New clause 12 (Domestic abuse aggravated offences) negatived on division (2 to 9). New clause 13 (Prevention of resale of stolen GPS products) discussed with New clause 27 (Fines for sale of stolen equipment), New clause 32 (Theft from farms), New clause 96 (Theft of tools from tradesmen) and New clause 98 (Enforcement plan for sale of stolen equipment at car boot sales). New clause 13 withdrawn. New clause 14 (Rural crime prevention strategy) negatived on division (6 to 9). New clause 15 (Neighbourhood Policing: minimum levels) negatived on division (2 to 9). New clause 16 (Neighbourhood Policing) negatived on division (2 to 9). New clause 17 (Offence of failing to meet pollution performance commitment levels) negatived on division (2 to 9). New clause 18 (Senior manager liability for failure to meet pollution performance commitment levels) negatived on division (2 to 9). New clause 22 (Duty to follow strategic priorities of Police and Crime plan) negatived on division (6 to 9). New clause 23 (Previous conduct as factor in deciding whether to investigate a complaint) negatived on division (4 to 9). New clause 24 (Points on driving licence for fly tipping) negatived on division (4 to 9). New clause 25 (Requirements in certain sentences imposed for third or subsequent shoplifting offence) negatived on division (4 to 9). New clause 26 (Requirements in certain sentences imposed for third assault of retail worker offence) negatived on division (4 to 9). New clause 27 (Fines for sale of stolen equipment) negatived on division (4 to 9). New clause 28 (Power to deport foreign nationals for possession of child sexual abuse images) negatived on division (4 to 9). New clause 29 (Annual report on police actions in areas with high levels of serious offences) negatived on division (4 to 9). New clause 30 (Seizure of motor vehicles: driving licence penalties) negatived on division (4 to 9). New clause 31 (Automatic dismissal of officers who fail vetting) negatived on division (4 to 9). New clause 32 (Theft from farms) negatived on division (4 to 9). New clause 33 (Defence to criminal damage) negatived on division (4 to 9). New clause 34 (Meaning of serious disruption to the life of the community) negatived on division (4 to 9). New clause 35 (Stop and search) negatived on division (4 to 9). New clause 36 (Removal of prohibition on entering a private dwelling to confiscate an off-road bike) negatived on division (4 to 9). New clause 37 (Power to seize vehicles driven without licence or insurance) negatived on division (4 to 9). New clause 38 (Police access to the UK tobacco track and trace system) negatived on division (6 to 9). New clause 39 (Duty to destroy seized off-road bikes) negatived on division (4 to 9). New clause 41 (Soliciting prostitution for rent offence) negatived on division (6 to 8). Committee adjourned. Written evidence reported to the House.
New clauses discussed. New clause 5 (Pornographic content: online harmful content) discussed with New clause 6 (Pornographic content: duty to verify age), New clause 7 (Pornographic content: duty to safeguard against illegal content), New clause 51 (Amendment of possession of extreme pornographic images). New clause 5 withdrawn. New clause 9...
My Lords, I thank all those noble Lords who have taken part on this group. The key issue which we need the Minister to take away is that there is more to be done in this area. We are grateful to her and her Bill team for their engagement with...
My Lords, I thank all those noble Lords who have taken part on this group. The key issue which we need the Minister to take away is that there is more to be done in this area. We are grateful to her and her Bill team for their engagement with...
My Lords, I agree that this has been a very thoughtful debate. I hope that, at the end of this, the noble Baroness, Lady Chakrabarti, will not find me guilty of “Baroness-splaining”. This is such an important issue. As the right reverend Prelate pointed out, for young people, their mobile...
My Lords, I agree that this has been a very thoughtful debate. I hope that, at the end of this, the noble Baroness, Lady Chakrabarti, will not find me guilty of “Baroness-splaining”. This is such an important issue. As the right reverend Prelate pointed out, for young people, their mobile...
I am grateful to all noble Lords who spoke in this short debate. What a great team, and a model of brevity, clarity and compassion, if I may say so. I thank the noble Lord, Lord Beith, for his rhetorical prods, which highlighted why “strict necessity” should be the operable...
I am grateful to all noble Lords who spoke in this short debate. What a great team, and a model of brevity, clarity and compassion, if I may say so. I thank the noble Lord, Lord Beith, for his rhetorical prods, which highlighted why “strict necessity” should be the operable...
Moved by
Baroness Williams of Trafford
47: Clause 36, page 30, line 13, at end insert—
“(7A) Subsection (7B) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.
(7B) The authorised person must, to be satisfied that the exercise of the...
Moved by
Baroness Williams of Trafford
47: Clause 36, page 30, line 13, at end insert—
“(7A) Subsection (7B) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.
(7B) The authorised person must, to be satisfied that the exercise of the...
Moved by
Baroness Williams of Trafford
49: Clause 36, page 30, line 24, at end insert—
““confidential information” has the meaning given by section 42;”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Baroness Williams of Trafford at page 30, line 13.
Moved by
Baroness Williams of Trafford
49: Clause 36, page 30, line 24, at end insert—
““confidential information” has the meaning given by section 42;”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Baroness Williams of Trafford at page 30, line 13.
Moved by
Baroness Williams of Trafford
52: Clause 40, page 35, line 17, at end insert—
“(6A) Subsection (6B) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.
(6B) The authorised person must, to be satisfied that the exercise of the...
Moved by
Baroness Williams of Trafford
52: Clause 40, page 35, line 17, at end insert—
“(6A) Subsection (6B) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.
(6B) The authorised person must, to be satisfied that the exercise of the...
Moved by
Baroness Williams of Trafford
53: Clause 42, page 36, line 16, leave out subsection (1)
Member’s explanatory statement
This amendment is consequential on the amendments in the name of Baroness Williams of Trafford at page 30, line 13 and page 35, line 17. It omits provision requiring the Secretary of State to...
Moved by
Baroness Williams of Trafford
53: Clause 42, page 36, line 16, leave out subsection (1)
Member’s explanatory statement
This amendment is consequential on the amendments in the name of Baroness Williams of Trafford at page 30, line 13 and page 35, line 17. It omits provision requiring the Secretary of State to...
Moved by
Lord Garnier
55ZA: Clause 63, page 59, line 11, at end insert—
“(1A) The occupier, a representative of the occupier or a constable may only make a request under subsection (1)(d) if they have ascertained from the local authority within whose area the land is situated—
(a) that there is a suitable...
Moved by
Lord Garnier
55ZA: Clause 63, page 59, line 11, at end insert—
“(1A) The occupier, a representative of the occupier or a constable may only make a request under subsection (1)(d) if they have ascertained from the local authority within whose area the land is situated—
(a) that there is a suitable...
My Lords, I begin by explaining that I will not be pressing my amendment to a Division. I thank the noble Baroness, Lady Whitaker, for prompting me—although she may not have realised this at the time—during the course of Committee, when we were debating other amendments in Part 4 dealing...
My Lords, I begin by explaining that I will not be pressing my amendment to a Division. I thank the noble Baroness, Lady Whitaker, for prompting me—although she may not have realised this at the time—during the course of Committee, when we were debating other amendments in Part 4 dealing...
Yes, you have.
Yes, you have.
I am so glad to have the approbation of the noble Lords opposite, for whom I have the greatest respect—on their negotiated stopping site.
That is what I invite the House and the Minister to consider, and perhaps the Minister will respond in due course, saying why my idea is not...
I am so glad to have the approbation of the noble Lords opposite, for whom I have the greatest respect—on their negotiated stopping site.
That is what I invite the House and the Minister to consider, and perhaps the Minister will respond in due course, saying why my idea is not...
My Lords, I am a patron of the Traveller Movement. I thank the Minister for reaching out to those of us interested in this issue and I am sorry that the change in date meant that I was unable to attend. I also thank the noble Baroness, Lady Whitaker, for...
My Lords, I am a patron of the Traveller Movement. I thank the Minister for reaching out to those of us interested in this issue and I am sorry that the change in date meant that I was unable to attend. I also thank the noble Baroness, Lady Whitaker, for...
My Lords, I will speak to my Amendments 55A, 55B and 56A. I also express support for amendment from the noble Baroness, Lady Whitaker, and great appreciation for her enormous hard work on this issue over a very long period. I declare my position as a member of the APPG...
My Lords, I will speak to my Amendments 55A, 55B and 56A. I also express support for amendment from the noble Baroness, Lady Whitaker, and great appreciation for her enormous hard work on this issue over a very long period. I declare my position as a member of the APPG...
My Lords, I rise to speak to Amendment 57, which is in my name, those of the noble Lords, Lord Bourne of Aberystwyth and Lord Alton of Liverpool, and that of the right reverend Prelate the Bishop of Manchester, whose support I am very grateful for.
First, however, I express my...
My Lords, I rise to speak to Amendment 57, which is in my name, those of the noble Lords, Lord Bourne of Aberystwyth and Lord Alton of Liverpool, and that of the right reverend Prelate the Bishop of Manchester, whose support I am very grateful for.
First, however, I express my...
My Lords, I have a question for the Minister which is relevant to Amendment 55ZB, in the name of the noble Baroness, Lady Whitaker. The noble Baroness will know that the offence which will be created by new Clause 63 contains a defence in subsection (6), at line 40 of...
My Lords, I have a question for the Minister which is relevant to Amendment 55ZB, in the name of the noble Baroness, Lady Whitaker. The noble Baroness will know that the offence which will be created by new Clause 63 contains a defence in subsection (6), at line 40 of...
My Lords, there is a lot of force in what the noble Lord, Lord Pannick, said about reasonable excuse. There is a problem, however, in that one would not know that one had a reasonable excuse until one had been charged with the offence. The advantage of the amendment spoken...
My Lords, there is a lot of force in what the noble Lord, Lord Pannick, said about reasonable excuse. There is a problem, however, in that one would not know that one had a reasonable excuse until one had been charged with the offence. The advantage of the amendment spoken...
My Lords, there are two problems here. Because of the behaviour of the lawless few, all Gypsy, Roma and Traveller communities are being stereotyped as troublemakers. The new law creates offences when people trespass on land with vehicles where, among other things,
“it is likely that significant damage or significant disruption...
My Lords, there are two problems here. Because of the behaviour of the lawless few, all Gypsy, Roma and Traveller communities are being stereotyped as troublemakers. The new law creates offences when people trespass on land with vehicles where, among other things,
“it is likely that significant damage or significant disruption...