HC Deb 14 July 1997 vol 298 cc23-4W
Mr. McNamara

To ask the Secretary of State for the Home Department, pursuant to his answer of 22 May,Official Report, column 111, what considerations are involved in the processing of a final claim for compensation prior to its presentation to the independent assessors; and how long on average such an assessment takes. [7397]

Mr. Michael

The independent assessment of a final claim for compensation is made on the basis of written submissions from the claimant or his or her solicitor, setting out the information which he or she would like the assessor to take into account. Based on this material, a memorandum is prepared by the Home Office which sets out the background to the wrongful conviction and summarises the claim. The claimant receives a draft of the completed memorandum and, subject to any comments which he or she may wish to make on its content, or to clarification of any points arising from his or her representations, it is then submitted, with the representations, to the assessor—currently Sir David Calcutt QC.

On average, the final assessment is received within six to eight weeks of submission of the substantive claim to the assessor.

Mr. McNamara

To ask the Secretary of State for the Home Department, pursuant to his answer of 22 May,Official Report, column 111, what considerations must be taken into account when assessing whether an individual found by the Court of Appeal to have been wrongfully convicted may qualify for compensation; and how long on average such an assessment takes. [7396]

Mr. Michael

All applications for compensation are considered first under the provisions of section 133 of the Criminal Justice Act 1988, and then, if the statutory requirements are not met, under the ex-gratia arrangements announced by the then Home Secretary in his statement to the House on 29 November 1985. My right hon. Friend the Home Secretary announced on 17 June that he will continue to be bound by those arrangements.

On average, a decision on whether an applicant qualifies for compensation is taken within six to nine months of receipt of the application.

Mr. McNamara

To ask the Secretary of State for the Home Department, pursuant to his answer of 22 May,Official Report, column 111, how many requests for interim compensation payments were received in each of the past five years from individuals found by the Court of Appeal to have been wrongfully convicted; what considerations are taken into account when deciding whether to grant such a request; how many such requests were granted; and how long individuals wait on average before receiving a payment. [7398]

Mr. Michael

Twenty-two requests for interim payments were received during the last financial year, all of which were granted. No central record is held of requests for interim payments in preceding years.

The question of whether and in what sum interim payments may be made is entirely at the discretion of the independent assessor.

On average, an interim assessment is received within two weeks of submission of the request to the assessor and, subject to written confirmation that the claimant accepts the interim award in part payment of the amount to be finally offered, a payable order is sent within seven to 10 days.