NCJ Number
56381
Date Published
1977
Length
19 pages
Annotation
PROVISIONS FOR MAKING AMENDS TO VICTIMS AND SOCIETY IN THE EVENT OF CRIMINAL OFFENSES IN ENGLAND ARE DISCUSSED ALONG WITH RECOMMENDATIONS FOR REFORM.
Abstract
UNDER ENGLISH CRIMINAL LAW, THERE ARE NOW THREE TYPES OF ORDER WHICH A COURT CAN MAKE AGAINST AN OFFENDER WITH A VIEW TO THE FINANCIAL COMPENSATION OF THE VICTIM. UNDER RESTITUTION ORDERS, THE COURT CAN ORDER STOLEN PROPERTY TO BE RESTORED TO ITS OWNER OR THAT ITS VALUE BE REPAID. UNDER CRIMINAL BANKRUPTCY ORDERS, IF THE OFFENCE HAS CAUSED LOSS OR DAMAGE TO ANY IDENTIFIABLE PERSONS AND THE TOTAL AMOUNT OF THE LOSS OR DAMAGE EXCEEDS 15,000 POUNDS, THE COURT MAY MAKE A CRIMINAL BANKRUPTCY ORDER AGAINST THE OFFENDER. SUBJECT TO CERTAIN CONDITIONS, HE THEN BECOMES BANKRUPT, AND VIRTUALLY ALL HIS PROPERTY IS AVAILABLE TO HIS VICTIMS OR OTHER CREDITORS. UNDER COMPENSATION ORDERS, THE COURT MAY MAKE AN ORDER REQUIRING THE OFFENDER TO PAY COMPENSATION FOR ANY PHYSICAL INJURY, LOSS, OR DAMAGE RESULTING FROM AN OFFENSE. AMENDS MAY ALSO BE MADE TO VICTIMS OF CRIME BY SOCIETY AS A WHOLE, ESPECIALLY WHEN THE OFFENDER HAS NOT THE MEANS OR THE OPPORTUNITY TO DO SO. A VICTIM MAY BE ELIGIBLE FOR SOCIAL SECURITY PAYMENTS. PHYSICAL INJURY COULD RESULT IN MEDICAL TREATMENT UNDER THE NATIONAL HEALTH SERVICE AND EMOTIONAL INJURY IN FREE PSYCHIATRIC TREATMENT. THE CRIMINAL INJURIES COMPENSATION SCHEME SET UP IN 1964 IS THE ONLY SCHEME WHICH PROVIDES FOR THE MAKING OF AMENDS BY SOCIETY EXCLUSIVELY TO THE VICTIM OF A CRIME. AT THE TIME OF THIS WRITING (1977) THE SCHEME IS STILL IN THE EXPERIMENTAL STAGE, UNDERGOING TRANSITION. VICTIM SUPPORT SCHEMES ARE STAFFED BY LOCAL VOLUNTERS WHO ARE TRAINED TO PROVIDE VICTIMS WITH BOTH EMOTIONAL SUPPORT AND PRACTICAL HELP AND ADVICE. OPERATING UNDER THE CONCEPT THAT IN A CIVILIZED SOCIETY AN OFFENCE AGAINST ONE PERSON IS AN OFFENCE AGAINST SOCIETY ITSELF, IT IS ALSO THE DUTY OF THE OFFENDER TO MAKE AMENDS TO SOCIETY. IN THE VIEW OF THE HOWARD LEAGUE FOR PENAL REFORM, THE ENGLISH PENAL SYSTEM HAS NOT DONE ENOUGH IN THIS AREA. COMMUNITY SERVICE ORDERS, WHICH REQUIRE THAT AN OFFENDER SPEND A CERTAIN AMOUNT OF HIS SPARE TIME DOING UNPAID WORK TO HELP THE COMMUNITY, IS ONE WAY OF MAKING AMENDS TO SOCIETY. IT IS PROPOSED THAT THE STATE SHOULD GO FURTHER IN PROVIDING MEANS FOR AN OFFENDER, DURING THE TIME OF HIS SENTENCING, TO EARN MONEY THAT CAN BE USED TO MAKE RESTITUTION TO VICTIMS OR IN SOME CASES TO CHARITIES. THIS IMPLIES EITHER HAVING WAGES PROVIDED FOR WORK DONE WHILE IN PRISON OR ALLOWING ALL BUT THE MOST DANGEROUS OFFENDERS TO REMAIN IN THE COMMUNITY WITH REGULAR EMPLOYMENT. HOWARD LEAGUE PROPOSALS FOR REFORMS IN THE CRIMINAL INJURIES COMPENSATION SCHEME ARE INCLUDED IN THE APPENDIX. (RCB)