The Denial of Victimisation: An Investigation into the Eligibility of People with Criminal Records for Statutory Victim Compensation in the UK.

Individuals with unspent criminal records are subject to numerous collateral consequences which elongate punishment beyond criminal sentencing. The exclusion of people with unspent criminal records from government-funded criminal injuries compensation by the Criminal Injuries Compensation Authority (CICA) is one such collateral consequence. This project will investigate the impacts of this UK Government policy concerning the eligibility of individuals with criminal records for statutory compensation when they are victims of serious and violent crime. Specifically, it will explore how CICA applies the provisions of the 2012 Criminal Injuries Compensation Scheme which mandates that those who have unspent convictions under the Rehabilitation of Offenders Act 1974 are very likely to have their application for compensation rejected. This denial of victimisation has impacted over 11,000 individuals since 2012, preventing financial aid and symbolic recognition to victims who themselves have a criminal record.
To explore the impacts of the denial of victimisation, a mixed methods approach will be adopted. Following a comprehensive literature review, the project will draw upon quantitative secondary data analysis and semi-structured interviews. The secondary analysis will concern publicly available CICA transparency data on award decisions, rejection reasons and award values. From this data, overarching awarding trends will be identified and analysed to discern the groups of individuals most frequently affected by CICA's eligibility restrictions. Subsequently, semi-structured interviews with people with criminal records who have been victims of serious and violent crime, and individuals who have supported applicants to CICA will provide a more in-depth understanding of the impacts of the denial of victimisation. Interviews will be conducted with both those who did and did not apply to CICA for compensation in order to also understand reasons for non-pursual of claims.
After developing a detailed understanding of the impacts of the denial of victimisation, this project will consider avenues for the future reform of the 2012 Criminal Injuries Compensation Scheme. Reform considerations are particularly pertinent as the UK government conducted a public consultation (2022) regarding potential revisions to the eligibility rule which prevents most victims of serious and violent crime with unspent criminal convictions from receiving compensation. Consequently, this project seeks to devise an informed route to minimize harm caused by the 2012 Criminal Injuries Compensation Scheme to those with unspent convictions, with an emphasis on reducing secondary victimisation and their treatment as subaltern and undeserving citizens, whilst acknowledging CICA's limitations such as financial constraints.