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Vol 23 No 6 June/July 2018

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Drafting Commercial Agreements

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Criminal Injuries Compensation: State and Offender Compensation for Violent Crime


ISBN13: 9780198806622
Previous Edition ISBN: 1854315056
To be Published: October 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



The 2012 Criminal Injuries Compensation Scheme (CICS) deals with some 33,000 applications for compensation each year. It has, since 1964, been one of the principal means by which the state aims to meet victims' expectations following an offence of violence, but it also displays a clear doctrinal effort to differentiate 'deserving' from 'undeserving' victims. Over much of the same period criminal courts and agencies have enjoyed powers to order offenders to pay compensation to their victims, most recently as an element of restorative justice.

Split into two parts, iCriminal Injuries Compensationr is an authoritative analysis of the statutory provisions governing these various remedies. Part One, State Compensation, analyses the Scheme's defining provisions: what constitutes 'a criminal injury', what persons and injuries may be compensated, the rules governing the victim's own conduct and character, the assessment of the award, and the procedures governing applications, appeals and judicial review. Part Two, iOffender Compensationr, analyses the conditions under which a criminal court may make a compensation order as an element of its sentencing decision, concluding with the potential of restorative justice to deliver offender compensation to victims. The book also touches on the wider political and criminal justice context of compensation.

Written and edited by an expert academic and practitioner team, iCriminal Injuries Compensationr is an essential text for all those with an interest in understanding the statutory, judicial and administrative rules that govern state and offender payment of compensation to victims of violent crime.

Subjects:
Personal Injury Law
Contents:
1: Introduction: Compensating Victims of Violent Crime: Purpose and context
Part 1: State Compensation
2: Criminal Injuries: Victimising Events
3: Defining and Proving a Personal Injury
4: Eligible Persons
5: Refusal and Reduction of an Award
6: Personal Injury, Fatal Injury, Deductions
7: Applications, Awards, Appeals and Judicial Reviews
Part 2: Offender Compensation
8: Eligibility: Compensable Persons and Injuries
9: Assessment of Compensation
10: Procedure: Applications, Awards, and Appeals
11: Scope, Eligibility, and Procedures
Conclusion
12: State and Offender Compensation for Criminal Injuries: Themes and Challenges