S v Criminal Injuries Compensation Board

April 29, 2009 | No Comments

It was held that a claim for Criminal Injuries Compensation which was specifically excluded by the rule 7(b) of the 1996 scheme (which provided that “No compensation will be paid under this Scheme … where the criminal injury was sustained before 1 October 1979 and the victim and the assailant were living together at the time as members of the same family) was not a “possession”, the court noting that because of the provisions of the rule the claim must be seen as having had no basis whatsoever in national law. It was, therefore, a claim that was doomed from the outset to failure under national law.   There is no question of there being a procedural bar; there simply was no right.

Criminal Law and Criminal Procedure, Protocol 1, Art. 1 Right to Private Property

Leave a reply

Add your comment below, or trackback from your own site. You can also subscribe to these comments via RSS.

Disclaimer

Full copyright remains with the original author of each article. Please contact our contributing editors for source information.

Browse by

Cross Reference

Search Type

Search

SHRLG Archives

Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.