COMPENSATION ORDERS IN MAGISTRATES COURTS

• NCJ Number: 54442
• Author(s): P SOFTLEY
• Date Published: 1978
• Length: 46 pages
• Corporate Author: Great Britain Home Office Central Research Establishment
• Sale Source: Pendragon House
• Publication Type: Report (Study/Research)
• Language: English
• Country: United Kingdom
• Note: HOME OFFICE RESEARCH STUDY NO 43

Annotation

RESULTS ARE REPORTED FROM A 1974 STUDY IN ENGLAND THAT EXAMINES THE SCOPE AND NATURE OF MAGISTRATES' COURTS ORDERING OF COMPENSATION TO BE PAID BY OFFENDERS TO VICTIMS.

Abstract

IN 1974 THE HOME OFFICE RESEARCH UNIT UNDERTOOK, IN COOPERATION WITH CHIEF CONSTABLES AND JUSTICES' CLERKS, A NATIONAL STUDY OF MAGISTRATES' COURTS USE OF COMPENSATION ORDERS. THE SAMPLE CONSISTED OF DEFENDANTS, AGED 17 OR OVER, SUMMARILY CONVICTED DURING THE WEEK BEGINNING SEPTEMBER 29, 1974 OF BURGLARY, THEFT, FRAUD, CRIMINAL DAMAGE, WOUNDING, AND ASSAULT OCCASIONING ACTUAL BODILY HARM. EXCLUDING PROPERTY OFFENSES WHICH DID NOT RESULT IN LOSS OR DAMAGE, IT WAS FOUND THAT 90 PERCENT OF DEFENDANTS CONVICTED OF CRIMINAL DAMAGE WERE ORDERED TO PAY COMPENSATION, COMPARED WITH 60 PERCENT OF DEFENDANTS CONVICTED OF OFFENSES OF DISHONESTY (BURGLARY, THEFT AND FRAUD) AND 9 PERCENT OF DEFENDANTS CONVICTED OF WOUNDING OR ASSAULT. IT IS OBSERVED THAT MAGISTRATES WERE RELUCTANT TO ORDER COMPENSATION FOR LOSS OR DAMAGE WHEN THEY IMPOSED A SENTENCE OF IMMEDIATE IMPRISONMENT OR DETENTION, AND THEY WERE LESS LIKELY TO ORDER COMPENSATION WHEN THE OFFENDER WAS UNEMPLOYED. THE ORDERING OF COMPENSATION WAS RELATED TO THE VALUE OF THE LOSS OR DAMAGE, ALTHOUGH THE IMPOSITION OF A FAIRLY LARGE FINE (OVER 20 POUNDS) REDUCED THE PROBABILITY OF COMPENSATION BEING ORDERED. IT IS ALSO BELIEVED THAT THE IMPORTANCE ATTACHED TO THE PRINCIPLE OF REPARATION IN THE MIND OF EACH MAGISTRATE CONTRIBUTED TO VARIATIONS IN COMPENSATION ORDERS. SOME CONTROVERSY IN LEGAL CIRCLES OVER THE YOKING OF VICTIM COMPENSATION TO CRIMINAL PROCEEDINGS IS NOTED. RESULTS SHOWED THAT OFFENDERS GIVEN COMPENSATION ORDERS WERE NOT GENERALLY REQUIRED TO PAY SUBSTANTIAL AMOUNTS; OVER 60 PERCENT OF THOSE GIVEN AN ORDER WERE REQUIRED TO PAY NO MORE THAN 25 POUNDS, AND 90 PERCENT WERE REQUIRED TO PAY LESS THAN 100 POUNDS. THE STUDY SHOWS THAT THE SCOPE FOR INCREASING THE USE OF COMPENSATION ORDERS IS GREATEST IN RELATION TO CASES OF WOUNDING OR ASSAULT. THE USE OF A TARIFF OF APPROXIMATE AMOUNTS FOR VARIOUS INJURIES IS REPORTED FOR A NUMBER OF COURTS, AND THE SUGGESTION IS MADE THAT IF THESE GUIDELINES PROVE HELPFUL, INCREASING USE OF THIS KIND OF COMPENSATION SHOULD BE MADE. SAMPLES OF FORMS USED IN THE STUDY ARE INCLUDED IN THE APPENDIX, AND TABULAR DATA REPORTED IN THE BODY OF THE REPORT. REFERENCES ARE LISTED. (AUTHOR ABSTRACT MODIFIED---RCB)