Lord Falconer of Thoroton – 2016 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Lord Falconer of Thoroton on 2016-03-07.

To ask Her Majesty’s Government whether relatives of foreign nationals murdered in the UK are entitled to compensation from them, and if so, how much compensation they have paid since 2010.

Lord Faulks

The Government provides two compensation schemes for victims of crime, the Criminal Injuries Compensation Scheme (the Scheme) 2012 and the Victims of Overseas Terrorism Compensation Scheme (VOTCS) 2012. Both schemes are administered by the Criminal Injuries Compensation Authority (CICA).

The Scheme is designed to compensate blameless victims of violent crime where the incident took place in Great Britain or a “relevant place” as outlined in Annex C of the scheme. Close relatives of a British citizen may also be eligible for compensation under the scheme. Under the Scheme compensation is only available to those who can demonstrate they are ordinarily resident in the UK at the time of the incident or have another defined connection to the UK.

In fatal cases, compensation may be awarded to qualifying relatives who also satisfy the Scheme’s residency criteria. The meaning of qualifying relative is outlined in paragraph 59 of the Scheme. The CICA does not keep information on the nationality of the deceased in fatal applications, so we cannot identify the amount of compensation paid.

Compensation for relatives of British nationals murdered abroad is not available under the two schemes provided by the Government. UK residents injured as a result of a crime of violence in another country within the European Union (EU) or outside the EU may be able to apply for compensation from that country. The CICA can assist with applications to other EU countries.

The VOTCS was introduced to compensate victims of terrorism injured in incidents outside the UK on or after 27 November 2012. A person may be eligible for an award under VOTCS if they sustain a qualifying injury, which is directly attributable to their being a direct victim of a designated terrorist act. Close relatives bereaved as a result of a designated act may also be eligible for an award. The VOTCS applies to the whole of the United Kingdom.

Claims under the VOTCS can be made by those who have a clear and sufficient connection to the UK, as evidenced by their residence and citizenship. British, European Union, European Economic Area and Swiss citizens who have been resident in the UK for three years immediately before the designated act may be eligible for an award. Data on the value of awards made under VOTCS from 2013 to 2016 are set in the table below.