§ Mr. DhandaTo ask the Secretary of State for the Home Department how many people are waiting for admittance to the compensation for miscarriages of justice scheme. [133539]
§ Paul GogginsThere are currently 58 applicants waiting the determination of their eligibility for compensation under section 133 of the Criminal Justice Act 1988 (the statutory scheme) or under the ex-gratia arrangements announced by the then Home Secretary (Douglas Hurd) in his statement to the House of Commons on 29 November 1985.
§ Mr. DhandaTo ask the Secretary of State for the Home Department how many people who have served under 20 years in prison before being released due to a miscarriage of justice are waiting for admittance to the compensation for miscarriages of justice scheme. [133570]
§ Paul Goggins[holding answer 21 October 2003]: This information is not readily available. The length of time spent in prison following a wrongful conviction is not a matter that affects a decision on eligibility for compensation. This only becomes a factor when the level of award for a successful applicant is assessed. Consequently, those wrongfully convicted, or their representatives, do not always provide custody details with their initial applications for compensation.
§ Mr. DhandaTo ask the Secretary of State for the Home Department what action he is taking to ensure that prompt mental health assessments are available for victims of miscarriages of justice. [133572]
§ Paul Goggins[holding answer 21 October 2003]: The Home Office funded Royal Courts of Justice Citizens Advice Bureau Miscarriage of Justice Project supports prisoners who have their convictions referred back to the Court of Appeal by the Criminal Cases Review Commission in the period leading up to their release and for up to six months after. This service would extend to providing advice on obtaining any necessary medical assistance.
Psychiatric and other medical reports are often provided by successful claimants for compensation for miscarriage of justice in support of the non-pecuniary loss element of their claim when it is alleged that the claimant's health/mental health has been affected by their period in prison. While the onus is on the applicant to provide such reports to substantiate the particular element of their claim, the cost in obtaining them will be considered when the final award is being assessed.
§ Mr. DhandaTo ask the Secretary of State for the Home Department what the average waiting time for admittance to the compensation for miscarriages of justice scheme over the last 12 months was. [133573]
§ Paul Goggins[holding answer 21 October 2003]: In the 12 months to September 2003, the average time taken to determine eligibility for compensation under section 133 of the Criminal Justice Act 1988 (the 718W statutory scheme) or under the ex-gratia arrangements announced by the then Home Secretary (Douglas Hurd) in his statement to the House of Commons on 29 November 1985 was 182 days.